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(영문) 수원지방법원 2020.04.07 2018나89114
자동차소유권이전등록말소인수
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant, under the trade name of D, was a person who was engaged in the sales business of used cars (the opening of July 3, 2013, the closure of October 10, 2017) and the Defendant was a motor vehicle with D affiliated from the end of October 2015 to August 2016.

B. The Plaintiff became aware of Nonparty E with the introduction of a chair.

C. On February 5, 2016, a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) was newly registered under Nonparty F’s name (import) and registered under the name of the Defendant on July 25, 2016. On August 4, 2016, a transfer of the name was registered under the name of the Plaintiff, and on the same day, a mortgage was established (hereinafter “mortgage”) on the said motor vehicle.

On July 2016, the Plaintiff had all documents necessary for the sale and purchase of the instant vehicle to E, and the said documents to E.

As stated in paragraph (1), all documents necessary to obtain a loan from G in the name of the purchase price of the instant vehicle were signed in writing.

E. On the other hand, the amount of money borrowed with the instant vehicle as collateral was received by E (which was paid to the Jeju J account) and, if the Plaintiff paid the said amount of money, there was money transaction between E and the Plaintiff from October 2017 in the form of full payment to the Plaintiff.

F. Meanwhile, the Plaintiff, on January 201, 201, held the documents necessary for the transfer of the name of a vehicle and the loan for the security of a vehicle to the police officer E in the first place on January 2017.

After concluding a form of loan agreement such as Paragraph 1, K Fran vehicle was registered to transfer its name, and in this regard, E was paid KRW 1 million.

G. Since October 2017, E was unable to repay the Plaintiff’s loan installment payments. Around January 2018, the Plaintiff filed a criminal complaint with E on the charge of loan fraud related to the two above vehicles. On May 17, 2018, E was subject to a non-prosecution disposition on the ground that he/she was suspected by the prosecution.

[Ground of recognition] Gap evidence Nos. 1, Eul evidence Nos. 1, 3, 4, 6, and 8 (including each number);

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