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(영문) 인천지방법원부천지원 2016.09.07 2016가단103417
소유권이전등록
Text

1. The Defendant owns the Plaintiff’s motor vehicle indicated in the attached list on December 25, 2015.

Reasons

1. The Plaintiff’s assertion that the Plaintiff: (a) concluded a sales contract with the Defendant’s agent with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”); and (b) paid the purchase price to the Defendant; and (c) even if the Defendant did not grant C the right to receive the purchase price, the Defendant expressed his/her intent to authorize C to conclude the instant sales contract by providing his/her certificate of personal seal impression; (b) thereby, the Plaintiff had justifiable grounds to believe that C has the right to represent the Defendant; (c) thus, the Plaintiff sought the registration procedure for the transfer of the instant automobiles against the Defendant.

In regard to this, the Defendant asserted that, while failing to receive the purchase price directly from the Plaintiff, the right to receive the purchase price is not granted to C.

2. On December 25, 2015, the following facts: (a) considering the fact that there is no dispute between the parties; (b) evidence A1 through 5; and (c) witness C’s testimony, the Defendant asked C to perform the overall procedures of the sales contract by asking C to identify the prospective purchaser of the instant vehicle through the Defendant’s ticket sales contract; (c) on December 23, 2014, the Defendant delivered the instant vehicle to C; (d) around December 25, 2015, the Plaintiff requested C to cancel the registration of the establishment of a mortgage on the instant vehicle as KRW 17,50,000 between the Defendant’s agent and C; and (d) the Plaintiff requested C to sell the Plaintiff’s personal information on the instant vehicle to D bank account designated by C on December 25, 2015; and (e) the Plaintiff sold the Plaintiff’s vehicle to C, 17,000,000 won, 205, 2015.

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