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(영문) 수원지방법원안산지원 2019.04.10 2018가단16867
자동차소유권이전등록절차이행청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 16, 2005, the Defendant purchased an automobile listed in the annexed sheet (hereinafter “instant automobile”) and completed the ownership transfer registration in its name, and registered as the owner in the automobile register of this case until now.

B. On October 2005, the Defendant brought a complaint against the money problem while operating a partnership with C, and was temporarily locked after delivery of the instant vehicle to C on condition that the complaint is withdrawn.

C. On August 28, 2014, the Plaintiff received the instant automobile from C.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. The Plaintiff asserted and determined that the Defendant delivered the instant automobile to C as a substitute payment, and the Plaintiff purchased the instant automobile from C on August 28, 2014, and accordingly, the Defendant asserts that the Defendant is obligated to implement the transfer of ownership registration procedure based on the sale of the instant automobile.

However, in order for the Plaintiff to seek against the Defendant the implementation of the transfer registration procedure for the instant automobile, there was a legal act that could directly cause the acquisition of ownership, such as the sale and purchase of the instant automobile, between the Plaintiff and the Defendant.

It should be proved that an agreement has been reached between the defendant, C, and the plaintiff on the transfer of ownership in the form of the so-called middle omission.

The fact that there was no legal act on the instant motor vehicle directly between the Plaintiff and the Defendant does not conflict between the parties, and it is insufficient to recognize that there was an agreement on the intermediate omission registration between the Defendant, C, and the Plaintiff on the sole ground that the Defendant was locked after the delivery of the instant motor vehicle to C, and no other evidence exists

The plaintiff is based on the Gwangju District Court Decision 2012Na6451, but the above case is after the seller delivers all documents necessary for the registration of transfer of a motor vehicle.

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