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(영문) 의정부지방법원고양지원 2014.04.09 2013가단40271
소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

On October 2005, the Plaintiff delivered the instant automobile to the Staff C, requesting the sale and purchase of the instant automobile.

Around October 30, 2005, the Defendant purchased and operated the instant motor vehicle directly from a third party who requested C or C to sell or purchase the instant motor vehicle from a third party.

Therefore, the defendant is obligated to take over the transfer registration procedure based on the transfer agreement on October 30, 2005 with respect to the instant automobile from the plaintiff.

Judgment

In order for the Plaintiff to file a claim against the Defendant for the acquisition of the transfer registration procedure of ownership concerning the instant automobile, it should be presumed that there was an agreement between the Plaintiff and the Defendant on the transfer registration of ownership in the so-called middle omission type between the intermediate parties in the process of direct sales contract, etc. or the process of distribution from the Plaintiff to the Defendant, and that there was an agreement on the transfer of ownership between the Plaintiff and the Defendant regarding the instant automobile, and it cannot be said that the right to file a claim for the acquisition of the transfer registration procedure against the last transferee after the transfer of the automobile is distributed to the person who

(Supreme Court Decision 2012Da58289 Decided December 27, 2012, the Changwon District Court Decision 201Na6193 Decided June 13, 2012, and Changwon District Court Decision 2010Da48632 Decided May 27, 2011). However, there is insufficient evidence to acknowledge that the evidence submitted by the Plaintiff alone had a legitimate cause or agreement, and there is no other evidence to acknowledge this otherwise.

Ultimately, the Plaintiff’s assertion on a different premise is without merit to examine further.

In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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