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(영문) 대구지방법원포항지원 2016.07.21 2016가단100162
소유권이전등록
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. A successful bidder of the Plaintiff’s alleged construction machinery acquires the right on the original register as at the time the mortgage is established on the relevant construction machinery, and the Plaintiff acquired the business registration number of the said construction machinery at the time of the establishment of the mortgage on the said construction machinery by winning the instant construction machinery at around February 26, 2015.

However, the Defendant, who was the owner of the above construction machinery, arbitrarily changed the business registration number from C to D during the auction procedure for the above construction machinery, thereby interfering with the Plaintiff’s ownership of the registration number for the above construction machinery.

Therefore, the defendant is obligated to transfer the business registration number of the construction machinery of this case owned by the plaintiff to the plaintiff, and pay damages for delay in business calculated by applying the ratio of KRW 10,000,000 per month from February 26, 2015 to the completion date of the transfer of the above business registration number.

2. According to the relevant provisions including Articles 10 and 16 of the Automobile Management Act, the registration number of a motor vehicle is assigned by the Mayor/Do Governor for the management of the motor vehicle in accordance with Ordinance of the Ministry of Land, Infrastructure and Transport, and since a registration number plate bearing the registration number is merely attached and sealed to the motor vehicle, the right to use the registration number plate or the registration number plate shall not be deemed to have exclusively reverted to an individual. The registration number plate itself shall not be deemed to have been separated from the motor vehicle and shall not constitute an independent property or shall not be subject to transfer (see, e.g., Supreme Court Decision 2011Da39793, Nov. 29, 201), Articles 3 and 8 of the Construction Machinery Management Act, etc.

Therefore, the plaintiff's claim of this case, based on the premise that the business registration number of the construction machinery of this case is the plaintiff's proprietary property at which the construction machinery of this case was knocked, and is subject to transfer to the plaintiff

If so, the plaintiff's claim of this case.

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