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(영문) 서울동부지방법원 2015.01.15 2014가단28108
자동차등록말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The new registration of the name B was completed on December 9, 2008 by the Chungcheong Market on the instant motor vehicle, and on September 7, 2010, the registration of transfer of the name was completed on September 7, 2010 by the head of Songpa-gu to the Plaintiff (hereinafter “registration of transfer of name”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the registration of transfer of title of this case was completed without the Plaintiff’s permission. Thus, the Defendant, the competent authority, is obligated to cancel the registration of transfer of title of this case to the Plaintiff.

3. The plaintiff appears to have sought cancellation of the registration of transfer of title of this case on the ground that the registration of transfer of title of this case is null and void. In such a case, the other party seeking cancellation must be B, the former nominal owner. Thus, the lawsuit of this case is unlawful with the non-qualified person as the defendant.

4. The instant lawsuit is dismissed.

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