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(영문) 서울중앙지방법원 2013.11.12 2013가단52101
자동차소유권이전등록절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. The parties’ assertion and the key issue of this case asserted that, on May 9, 2003, the Plaintiff entered into a sales contract with the Defendant by setting the sales price of KRW 6 million and delivered all the documents necessary for the registration of transfer of ownership to the Defendant, the Defendant is obligated to accept from the Plaintiff the transfer of ownership as to the instant automobile, and the Defendant did not purchase the instant automobile from the Plaintiff, but only lent the Plaintiff with the instant automobile as security, and thus, it cannot accept the Plaintiff’s claim.

Therefore, the issues of the instant case are whether a sales contract was concluded between the Plaintiff and the Defendant on May 9, 2003.

B. Examining whether a sales contract was concluded between the Plaintiff and the Defendant on May 9, 2003, there is insufficient evidence to acknowledge the conclusion of the sales contract with respect to the instant motor vehicle by only the descriptions of the evidence Nos. 1 and 10, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion based on the premise that the sales contract for the automobile of this case was concluded is without merit.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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