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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) trading on June 4, 2013 with respect to a motor vehicle indicated in the separate sheet from the Plaintiff-Counterclaim Defendant.
Reasons
1. Basic facts
A. On April 9, 2013, the Plaintiff acquired ownership of a motor vehicle listed in the separate sheet (hereinafter “motor vehicle”) and requested Durler B to sell the instant motor vehicle.
B. On May 23, 2013, the Defendant decided to purchase the instant motor vehicle and paid KRW 4,000,000 to B with the purchase price, and around June 4, 2013, delivered the instant motor vehicle and possessed the instant motor vehicle from that time until that time.
【Reasons for Recognition】 Evidence Nos. 1 through 3, Evidence No. 11-1, 2, and evidence No. 15, the purport of the whole pleadings
2. Determination on the main claim
A. (i) In a case where the transferee of a motor vehicle does not transfer the title of registration even after the transfer of the motor vehicle from the transferor, the transferor may seek against the transferee the procedure for the acquisition of the ownership transfer registration (see, e.g., Supreme Court Decision 2012Da24361, Mar. 13, 2014). According to the above findings, the Defendant, who purchased the motor vehicle of this case from the Plaintiff, is obligated to take over the transfer registration procedure for the motor vehicle of this case as a purchaser of the motor vehicle of this case on June 4, 2013, except under special circumstances.
The Defendant introduced B from the land, and purchased the instant motor vehicle. While C and B purchased the instant motor vehicle without driving the motor vehicle for 1 to 2 years by deceiving the Defendant, it was well repaired, and thus, it did not run the motor vehicle for 1 to 2 years, the Defendant purchased the instant motor vehicle. However, there is a serious defect that makes it impossible to operate the instant motor vehicle normally due to a sudden defect, such as the leakage of cooling water with the pipe system and engine parts, and the heating of engine parts, etc., the instant motor vehicle is collected from B and the Plaintiff, and the purchase price and damages are demanded.