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(영문) 수원지방법원 2017.03.08 2015가단49411
자동차소유권이전등록절차인수 등
Text

1. The Defendant’s KRW 11,745,430 as well as 5% per annum from September 30, 2016 to March 8, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Since the Plaintiff acquired the ownership of a motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) on February 21, 2002, the Plaintiff was registered as the owner in the motor vehicle register. However, during the process of the instant lawsuit, the Plaintiff had conducted a public auction procedure for the instant motor vehicle at Young-si Office (Saeung-si). The instant motor vehicle was awarded to a third party and the ownership transfer registration was completed in the name of Nonparty C on June 20, 2016.

B. As to the instant automobile, the instant automobile insurance was subscribed under the Plaintiff’s name from December 20, 2005 to July 29, 201, and among them, the contractor of the automobile insurance purchased from December 20, 2007 to December 20, 201 is the Defendant.

C. Around December 2003, the Defendant received the instant automobile from Nonparty D’s branch, a branch of Nonparty D, and then purchased the instant automobile under the name of the Plaintiff and operated it until December 2010.

On October 25, 2009, the Defendant caused a traffic accident while driving the instant vehicle, and accordingly, paid KRW 498,000 as insurance money to the other party to the vehicle.

E. After December 2003, the Defendant imposed an automobile tax of KRW 9,562,790 on the instant automobile; KRW 7,151,150 on the instant automobile; KRW 3,307,220; KRW 43; KRW 2,246,80; KRW 222; and KRW 1,47,47; and KRW 1,50,050,000,000,000 for the instant automobile on October 25, 201.

F. In the above public sale procedure, 859,000 won remaining after deducting 451,000 won of expenses for disposition on default from the total sales price of 1.310,000 won from the total sales price distributed on July 20, 2016, was allocated to the Korea National Health Insurance Corporation branch office which has allowed to appropriate pension

[Ground of recognition] Facts without dispute, part of Gap 1-10 (including virtual numbers), fact-finding reply to the tolerance market, and arguments.

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