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(영문) 의정부지방법원 2016.07.20 2015가단115947
자동차소유권이전등록절차이행 청구
Text

1. The defendant is based on the sale on June 15, 2002 on the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On June 15, 2002, the Plaintiff, via the mother C, sold a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant, who was with the end of the motor vehicle trading company located in the Guri-si, for KRW 6,500,000 (hereinafter “the instant trade”). The end of the contract, stating that “the upper amount is paid to Hyundai Capital, including taxes and public charges, administrative disposition, and commercial purchase expenses, including commercial purchase expenses, and the return of the documents for cancellation of the collateral security, and thus becomes effective at the time of the completion of the commercial transfer” (hereinafter “the instant special agreement”).

B. Meanwhile, as to the instant automobile at the time of the instant sales contract, the registration of the creation of mortgage in the amount of KRW 10 million in the claim amount of October 6, 2000 and the registration of provisional attachment in March 13, 2002 and the Mapo Police Station, etc. were completed for total of 320,000 won in the future.

C. Around that time, the Defendant received the instant vehicle from the Plaintiff, and thereafter transferred it to a third party, and thereafter, various taxes and public charges, such as fines for negligence, are imposed on the Plaintiff in the course of coming from the instant vehicle after being operated by the third party or by another party.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 1 and 2 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts of the judgment on the cause of the claim, the Defendant, the buyer of the instant automobile, is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff, the seller, on June 15, 2002.

B. The Defendant, first of all, conceals the restriction of the right of the instant vehicle, such as the mortgage of the non-party company and the seizure of the Mapo Police Station at the time of the instant sales contract by the Plaintiff and C.

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