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(영문) 울산지방법원 2016.11.16 2015가단63700
소유권이전등록
Text

1. The Defendant’s sales contract for each of the motor vehicles listed in the separate sheet to the Plaintiff is based on the sales contract dated March 25, 2013.

Reasons

1. Basic facts

A. On February 2013, the Plaintiff acquired KRW 9,50,000 per 1,00,000 from the Defendant each of the vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”).

B. The Plaintiff’s KRW 5 million to the Defendant on February 7, 2013, and the same year

3. June 3 million won, and on 22. 22. of the same month, the sum of KRW 57 million was paid to B account, which is the defendant representative director, at the time.

After March 25, 2013, the Defendant received a certificate of automobile transfer concerning each of the instant automobiles from the Defendant.

C. On May 28, 2014, the Defendant refused to cooperate in the procedures for registration of the right to transport and the transfer of ownership on each of the instant automobiles, and the Plaintiff filed a lawsuit against the Defendant with the Ulsan District Court 2013Da36407, which subsequently rendered a favorable judgment against the Plaintiff on May 28, 2014.

The defendant's appeal was dismissed in the lawsuit No. 2014Na5869, which the defendant appealed against the above judgment, and the defendant's appeal was again dismissed on August 19, 2015 in the lawsuit No. 2015Da28746, which the defendant appealed.

[Ground of recognition] Evidence No. 2-1 to 9, Evidence No. 3-1 to 9, Evidence No. 5-1, 2, 3, Evidence No. 10, and the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the cause of the claim, the Defendant is obligated to implement the procedure for ownership transfer registration for each of the instant automobiles to the Plaintiff on March 25, 2013 (the day after the Plaintiff received the certificate of a motor vehicle transfer from the Defendant, as sought by the Plaintiff, is the day when the purchase and sale is completed).

B. The Defendant alleged that the Defendant did not receive the purchase price for each of the instant vehicles from the Plaintiff. However, the Plaintiff deposited the purchase price for each of the instant vehicles into the Defendant’s representative director B account at the time of the payment, and the Plaintiff based on the same fact.

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