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(영문) 광주지방법원 2017.08.23 2016가단39359
손해배상(기)
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 June 18, 2008, the registration of ownership transfer in the name of the defendant was completed with respect to the motor vehicle listed in the separate sheet (hereinafter referred to as the "motor vehicle of this case"). On November 17, 2008, the registration of ownership transfer in the name of B was completed.

B. On June 16, 2010, the Defendant filed a lawsuit against B claiming the implementation of the procedure for ownership transfer registration on the instant motor vehicle due to the restoration of the authentic name (Scheon District Court Decision 2010Kadan1889, hereinafter “instant prior lawsuit”) while the above ownership transfer registration was completed by forged documents, and was rendered a favorable judgment (a non-litigation judgment) with respect to the instant motor vehicle on June 16, 2010, and the said judgment was rendered in the same year.

8.4. Finality was established.

C. Based on the above judgment, the Defendant completed the ownership transfer registration on November 17, 2010 with respect to the instant automobile.

On January 28, 2010, the Plaintiff occupied and used the instant motor vehicle from B with the registration certificate attached, and delivered it to the Defendant. On May 28, 2014, the solomon Credit Information Company (the name before the change of the Defendant’s supplementary intervenor EM Credit Information Company, hereinafter the same shall apply) was delegated by the Defendant, solomon Credit Information Company (the solomon Credit Information Company) had the said motor vehicle parked in the Dong-gu Seoul Metropolitan City Cdong, Gwangju Metropolitan City and delivered it to the Defendant.

E. On July 18, 2014, the Plaintiff won the claim for the delivery of a vehicle against the Defendant at the appellate court on August 26, 2015 by filing a lawsuit for verifying the ownership of the instant vehicle and for the delivery of the vehicle. On January 14, 2016, both appeals were dismissed by the Supreme Court and the judgment of the said appellate court became final and conclusive around that time.

F. The Plaintiff was handed over by the Defendant on October 28, 2015 by delivery enforcement based on the above judgment.

On the contrary, the Defendant received the instant automobile from the Plaintiff on May 2017 after winning the lawsuit claiming the delivery of a motor vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, and arguments.

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