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(영문) 서울중앙지방법원 2017.11.01 2017가단5133973
소유권이전등록
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Around December 2007, the Plaintiff filed a request for the disposal of the instant motor vehicle on a secondhand sale and disposed of it.

From October 28, 2011 to July 30, 2012, the Defendant, who appears to have been the actual operator of the instant motor vehicle by acquiring the instant motor vehicle, is obligated to take over the procedure for ownership transfer registration as the actual owner of the instant motor vehicle, and accordingly, the Defendant is entitled to take over the procedure for ownership transfer registration.

In addition, the Defendant’s total amount of 9,137,180 won of the fine for negligence and the automobile tax incurred while actual operation was imposed on the Plaintiff, and it is possible to transfer the said fine for negligence and the automobile tax to the Plaintiff in full.

2. It is insufficient to recognize that the Defendant purchased the instant vehicle from the Plaintiff on October 28, 201 only with the descriptions of Gap evidence Nos. 1 and 4, and furthermore, it was actually subject to the disposition of a fine for negligence while owning and operating the instant vehicle.

All of the plaintiff's claims are without merit, and it is so decided as per Disposition.

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