beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
As the cause of the instant claim, the Plaintiff purchased a motor vehicle indicated in the attached list (hereinafter “instant motor vehicle”) between the Defendant’s husband-friendly job offering and the Defendant, but concluded a title trust agreement with only the Plaintiff’s name, and delivered the instant motor vehicle to the Defendant after completing the ownership registration procedure in the future of the Plaintiff pursuant to the above title trust agreement. Since the above title trust agreement was terminated on February 17, 201, the Plaintiff asserts that the Defendant is obligated to take over the ownership transfer registration procedure for the reason of termination of the title trust on February 17, 2011.
Judgment
According to Gap’s records, the Plaintiff completed the ownership transfer registration on November 18, 2010 with respect to the instant automobile, and on the same day, the registration of the automobile mortgage with the obligee Hyundai Capital Co., Ltd., the obligor, the Plaintiff, and the maximum debt amount of KRW 1,750,000 can be acknowledged.
Furthermore, examining whether the above transfer registration was based on the title trust agreement between the Plaintiff and the Defendant, it is insufficient to recognize it solely with the entries in Gap 2-7, and there is no other evidence to acknowledge it, the Plaintiff’s claim cannot be accepted.
In particular, the Plaintiff asserts to the effect that the Defendant was the genuine owner of the instant vehicle on the ground that the Defendant actually used the instant loan by taking out the instant vehicle as collateral. In full view of the entries and the purport of the entire pleadings, a mortgage contract was concluded between the Plaintiff and Hyundai Capital Co., Ltd. regarding the instant automobile on October 18, 2011. The said creation document contains both the Plaintiff’s signature and the certificate of personal seal impression issued by the Plaintiff himself/herself is attached. At the time of the said loan, the Plaintiff submitted a passbook to the Plaintiff’s bank in the name of Hyundai Capital.