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(영문) 수원지방법원 평택지원 2018.10.31 2018가단5077
자동차인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2016, Nonparty C (hereinafter “the deceased”) completed the ownership transfer registration on a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. The Deceased died on May 17, 2018, and the Defendant inherited the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. The summary of the assertion is that the instant motor vehicle is an internally owned trust vehicle acquired under the name of the Plaintiff by bearing the acquisition cost, and thus, the Defendant, the heir of the deceased, who is the title trustee possessing the said motor vehicle, is obligated to deliver the said motor vehicle to

B. There is no evidence to acknowledge that the title trust agreement on the instant motor vehicle was concluded between the Plaintiff and the Deceased.

In addition, even if the conclusion of the above title trust agreement is recognized, there is no evidence to prove that the defendant currently occupies the above motor vehicle.

(The defendant has already sold it to a third party and has already lost his possession by taking over the transfer of the possession).

In conclusion, the plaintiff's claim seeking delivery of the above motor vehicle cannot be accepted as it is without merit, since the conclusion of a title trust agreement on the motor vehicle between the plaintiff and the deceased as well as the defendant's possession of the above motor vehicle.

3. The plaintiff's claim is dismissed on the ground that the plaintiff's claim is groundless.

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