logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.05.01 2014가단44885
자동차소유권이전등록절차인수등
Text

1. The part concerning the claim for confirmation in the instant lawsuit shall be dismissed.

2. The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. Facts of recognition;

A. On October 201, the Defendant issued a certificate of personal seal impression, etc. necessary for the Plaintiff to purchase a vehicle and to apply for a loan, on the following grounds: (a) the Defendant: (b) around 10 days after the date of lending the name in order to purchase the BMW vehicle; and (c) the Plaintiff, who believed such lending, transferred the name within the name of 10 days after the date of transfer; and

B. On October 13, 2011, the Defendant purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) under the name of the Plaintiff. On October 14, 201, the Defendant borrowed KRW 24,000,000 from the Dongyang Life Insurance Co., Ltd. to the Plaintiff as the debtor, and completed the registration of establishment of the instant automobile.

C. On November 3, 2011, the Plaintiff filed a complaint with the Defendant on charges of fraud on the grounds that the Defendant not only did the Defendant transfer the registered name of the instant automobile, but also did not pay the vehicle installments. The Defendant was sentenced to seven years in imprisonment with prison labor at the Jinyang District Court (Seoul District Court) around December 1, 2012.

[Reasons for Recognition] Uncontentious Facts (Article 150(3) of the Civil Procedure Act)

2. Determination on the part concerning the claim for confirmation of payment obligation, such as administrative fines and automobile tax, among the instant lawsuit

A. After November 13, 2011, the Plaintiff: (a) concluded a title trust agreement with the Plaintiff, which deceiving and believed the Plaintiff as if the Defendant were to make a registration of transfer in the name of the Defendant; (b) operated the instant automobile without transferring the name; (c) imposed an administrative fine, automobile tax, and environmental improvement charges on the Plaintiff registered as the owner; and (d) did not pay them; and (c) accordingly, the Defendant was liable to pay the administrative fine, automobile tax, and environmental improvement charges incurred on the instant automobile from November 13, 201 to the Defendant.

B. In a lawsuit for confirmation, there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, the plaintiff's legal status is the legal status.

arrow