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(영문) 부산지방법원 2017.11.21 2016가단64912
자동차소유권이전등록 등
Text

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

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

Reasons

Basic Facts

The plaintiff is the father of the deceased C (hereinafter referred to as the "the deceased"), and the deceased was the owner of a motor vehicle listed in the attached Table (hereinafter referred to as the "motor vehicle of this case"), and the defendant was the former contractor of the motor vehicle insurance contract of this case.

The Deceased completed the registration of ownership of the instant vehicle on November 15, 2001.

On November 24, 2009, November 22, 2010, and November 24, 2014, the Defendant concluded the automobile insurance contract as the deceased.

The Deceased died on September 21, 2015, and the inheritor was the Plaintiff.

On October 13, 2015, the Plaintiff reported the instant motor vehicle as a motor vehicle with an unlawful name (tentatively named substitute). On December 14, 2016, the Plaintiff completed the ownership transfer registration for the instant motor vehicle based on the inheritance.

On May 18, 2016, the Plaintiff filed a lawsuit against D, as Busan District Court 2016Kadan27531, seeking acquisition of transfer registration procedure of the instant vehicle on the ground that the Deceased sold D the instant vehicle to D around 2010.

On December 1, 2016, the above court rendered a judgment dismissing the Plaintiff’s claim on the grounds that the fact that the contract between the deceased and D was concluded to purchase the instant vehicle was not recognized, etc., and the judgment became final and conclusive around that time.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1, claims for the purport of the whole pleadings, and the plaintiff's assertion that the plaintiff sold the automobile of this case to the defendant around 2009. The defendant operated the automobile of this case from around that time, but did not accept the transfer registration procedure of the ownership of the automobile of this case.

In addition, after the sale, the Plaintiff paid the total amount of KRW 2,358,520 on December 14, 2016, including the fine for negligence and penalty imposed on the instant automobile.

Therefore, the defendant.

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