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(영문) 창원지방법원 마산지원 2018.04.05 2017가단5559
자동차소유권이전등록
Text

1. The Defendant caused the termination of title trust on November 9, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On November 16, 2015, the Plaintiff is a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) on November 16, 2015

A) As to the title trust agreement with the Defendant, the Defendant asked the Plaintiff (disabled with disabilities) who had a usual friendship to purchase a car for disabled persons to lend the Plaintiff’s name in purchasing the car. Accordingly, the transfer of ownership was registered under the Plaintiff’s name, and the Defendant operated the instant automobile. (2) The instant warden, which included the intention of termination of the title trust on the instant automobile, was served on November 9, 2017 on the Defendant.

3) Meanwhile, on August 19, 2016, on the grounds of the Plaintiff’s delinquency in payment of local taxes, the Hawan Military Administration registered the seizure of the instant motor vehicle on August 19, 2016. The fact that there is no dispute over recognized evidence, entry of A evidence No. 1

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to take over from the Plaintiff the transfer of ownership registration procedure based on the termination of title trust on November 9, 2017 with respect to the instant motor vehicle.

2. The defendant's defense is defense that prior to the acquisition of the above transfer of ownership registration procedure, the plaintiff should cancel or cancel the seizure registration executed on the motor vehicle of this case.

If the defendant without cancelling the registration of seizure on the instant motor vehicle, without cancelling the registration of seizure, has the defendant take over the registration procedure of transfer of ownership, the defendant takes the position of a surety for the plaintiff. In the last time, if the plaintiff's obligation to pay local taxes on the Haan-gun by public sale procedure or the defendant's subrogation has expired, the defendant acquires the right to indemnity against the plaintiff. On the contrary, even if the defendant did not take over the transfer of ownership, etc., unless the registration of seizure is cancelled, if the public sale procedure is followed later, the defendant did not stop it.

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