Suwon District Court-2018-Ban-54064 ( December 19, 2018)

In the case of lease, the ownership is externally owned by the lessee regardless of its ownership.

Even if the ownership of a leased vehicle is owned by the lessee, the actual owner is a leased company, so it is impossible for the State to receive dividends from the auction of the leased vehicle for the reason of the lessee’s default on national taxes.

2019Na52768 Demurrer against distribution

OOOO

Korea

Suwon District Court Decision 2018Da545064 Decided December 19, 2018

June 14, 2019

August 23, 2019

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

As to the auction case of 0OO car cars, the dividend amount of 17,540,390 won against the defendant among the dividend table prepared by the above court shall be corrected to 39,278,167 won, and the dividend amount of 21,737,777 won against the plaintiff shall be corrected to 39,278,167 won.

Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The Defendant’s grounds for appeal do not differ significantly from the allegations in the first instance trial, and even if evidence submitted in the first instance trial is presented additionally to this court, the fact-finding and determination of the first instance judgment is recognized as legitimate (it does not conflict between the Plaintiff and the non-party company with the agreement that the owner of the foregoing automobile should be the Plaintiff regardless of the registered name while entering into the facility leasing agreement with the non-party company. However, according to the Specialized Credit Financial Business Act, where a lessor leases a vehicle, he/she may register the vehicle in the name of the lessee notwithstanding the Automobile Management Act (Article 33(1) of the Specialized Credit Financial Business Act). The lessee bears all kinds of obligations concerning the maintenance and management of the vehicle (Article 34(1) of the Specialized Credit Financial Business Act), such as an order for inspection as stipulated in Article 43 of the Automobile Management Act (Article 34(1) of the Specialized Credit Financial Business Act). Therefore, if a lessee causes damages to a third party while operating a vehicle leased by the lessee, it shall not be deemed that the leased company bears the ownership of the aforementioned specific vehicle under the premise that it newly acquires ownership.

2. Conclusion

The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.