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(영문) 창원지방법원진주지원 2016.02.03 2014가단8017
저당권설정등록말소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) before October 2007 with respect to D, F Motor Vehicle No. 1) D, F Motor Vehicle No. 1

A new ownership registration was completed in the name of the Plaintiff on July 28, 2010 with respect to each of the above vehicles, and the ownership transfer registration was completed in the name of the Plaintiff on July 28, 2010. (2) The Medical Service Automobile Sales Co., Ltd. (hereinafter “Treatment Company”) completed the registration of mortgage creation (hereinafter “registration of mortgage creation”) on November 17, 2008, each of the above vehicles was registered as Defendant B.

B. On July 28, 2010, H owned the said automobile, and the ownership transfer registration was completed under the Plaintiff’s name as to the said automobile. (ii) On April 27, 2007, Hyundai Automobile Co., Ltd. (hereinafter “on-site”) and the bond value of KRW 48 million (hereinafter “registration of mortgage creation”) was completed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including each number), purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The registration of the creation of mortgage No. 1 against the Defendant B was not secured or transferred regardless of the intention of the Defendant B, and it should be cancelled because it was based on the tort committed by the Defendant C after selling D or F cars to the Plaintiff side. 2) The Plaintiff purchased the Plaintiff’s automobile from the Defendant C on April 12, 2008, and at that time the Defendant C purchased the Plaintiff’s automobile from the Defendant C on April 12, 2008, and the Plaintiff paid the purchase price of KRW 106,081,818 to the Defendant C.

Accordingly, the Plaintiff suffered damages equivalent to KRW 48 million in the bond value for the registration of mortgage creation 2.

Defendant C shall compensate for the above damage.

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