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(영문) 서울동부지방법원 2015.09.22 2014가단109243
소유권이전등록
Text

1. The defendant is based on the sale on March 22, 2014 with respect to the motor vehicles stated in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On March 22, 2014, the Plaintiff: (a) sold a motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant as KRW 1.2 million; and (b) delivered the instant motor vehicle to the Defendant according to the instant sales contract.

B. The Plaintiff disbursed KRW 206,890 in total to the Defendant’s insurance premium from April 14, 2014 to July 14, 2014, which was after the delivery of the instant vehicle.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence No. 11-1 through 3, and the purport of the whole pleadings]

2. Determination

A. (1) According to the above facts, the defendant purchased the instant automobile from the plaintiff on March 22, 2014, and thus, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff on March 22, 2014, and the insurance premium of 206,890 won to be borne by the defendant after the delivery of the instant automobile, and the defendant obtained profits equivalent to the above amount. As such, the defendant is obligated to pay to the plaintiff the delay damages at a rate of 5% per annum as prescribed by the Civil Act from May 17, 2014 to September 22, 2015, which is the following day after the delivery of the copy of the complaint of this case, and 200% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

(2) The Plaintiff, despite the Defendant’s purchase of the instant vehicle, did not take over the transfer of ownership registration procedures. As such, not only KRW 206,890, but also KRW 26,810, KRW 27,880, KRW 27,880, automobile tax in 2014, KRW 27,880, KRW 315,00, KRW 17,730, and KRW 900,000, KRW 200,000, KRW 206,89, and KRW 17,730,000, the mandatory insurance premium was paid to the Plaintiff.

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