(영문) 광주지방법원 2019.02.21 2017가단527785

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(영문) 광주지방법원 2019.02.21 2017가단527785

자동차인도 등 청구의 소

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1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On August 30, 2016, the Plaintiff purchased the instant vehicle with a loan of KRW 28,50,000,000 each at a fixed rate of KRW 28,50,000, and completed the ownership transfer registration in the name of the Plaintiff on the same day.

B. The Plaintiff, while driving the instant motor vehicle, brought the Defendant and possessed the instant motor vehicle up to the present day.

With respect to the instant automobile against the Defendant, the Plaintiff was subject to the Gwangju District Court Decision 2017Kadan51826, which was prohibited from occupying the instant automobile.

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

2. The parties' assertion

A. The plaintiff is the owner of the plaintiff's automobile in this case, and the defendant did not pay the vehicle cost after taking over the vehicle. The defendant is obligated to deliver the vehicle in this case to the plaintiff.

B. The Defendant is the Defendant’s motor vehicle in substance, such as the title trust of the instant motor vehicle to the Plaintiff, and the vehicle cost is also borne by the Defendant.

3. Determination

A. The acquisition and loss of ownership of a related legal motor vehicle or a mid-term (or construction machinery) shall take effect by registering the acquisition and loss of ownership, and, in principle, it cannot acquire ownership not only in the external relationship, but also in the internal relationship between the parties, unless the registration is made. However, in cases where there are special circumstances, such as where the parties agree to hold ownership between a person who is not the title holder of the registration, a person who is not the title holder of the registration shall

In addition, the fact that the registration was based on the title trust has the burden of proof for the claimant.

and the documents evidencing the relationship of rights such as the registration certificate are substantial.

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