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(영문) 울산지방법원 2018.12.20 2018가단63190
소유권이전등록
Text

1. The defendant has caused the termination of title trust on the attached motor vehicle to the plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A1 through 14 and the purport of the entire pleadings.

A. The Plaintiff purchased an attached automobile from C (hereinafter “instant automobile”) and completed the ownership transfer registration on April 27, 2017.

B. On October 25, 2017, the Plaintiff completed the registration of transfer of ownership on the instant motor vehicle to the Defendant.

C. On May 27, 2018, the Plaintiff notified the Defendant that the instant motor vehicle was owned by the Plaintiff and sought the return thereof.

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant motor vehicle is owned by the Plaintiff, and was entrusted to the Defendant only the registered name pursuant to the title trust agreement with the Defendant, and the Plaintiff terminated the title trust agreement around May 27, 2018, and the Defendant is obligated to implement the transfer of ownership registration procedure for the instant motor vehicle on or around May 27, 2018, notwithstanding the Plaintiff’s termination of the title trust agreement on or around May 27, 2018, while using the instant motor vehicle without returning it, the Defendant is obligated to pay the Plaintiff unjust enrichment amounting to KRW 18,00,000 (= KRW 3,000,000 x 6 months) for six months from June 2018 to November 2018, and thus, the Defendant was obliged to pay the Plaintiff unjust enrichment of KRW 18,000,000 and delay damages therefrom.

B. The Plaintiff and the Defendant engaged in a food truck business using the instant vehicle. When the Plaintiff no longer was able to conduct a food truck business, the Defendant acquired the ownership of the instant vehicle on the condition that the Defendant takes over the remaining installment obligation, and the instant automobile did not have a title trust agreement between the Plaintiff and the Defendant with respect to the instant automobile.

3. Determination

(a)The grounds for recognition as to the claim for ownership transfer registration are as follows: Gap evidence and arguments are set forth in sub-paragraphs 1 to 14.

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