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(영문) 대구지방법원안동지원 2016.07.13 2016가단66
소유권이전등록등
Text

1. The Defendant (Counterclaim Plaintiff) takes over May 31, 201 from the Plaintiff (Counterclaim Defendant) regarding the automobile indicated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts can be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 3, 8, and No. 7-1, 2, and Eul evidence No. 9:

The plaintiff and the defendant are currently married couple who completed the marriage report on February 26, 1998, or they are currently in divorce litigation.

[The Daegu Family Court 2015Reu1581 (Mains), 2015Reu1598 (Counterclaim)] B.

On May 31, 2011, the Plaintiff entered into a contract with the Defendant to transfer a motor vehicle listed in the attached list (hereinafter “instant motor vehicle”) (hereinafter “instant contract”). On the same day, the Plaintiff delivered the instant motor vehicle to the Defendant, and the Defendant operated and used the instant motor vehicle from the time of delivery to the date of closing argument.

According to Article 3 of the contract of this case, taxes and public charges on the motor vehicle of this case shall be based on the delivery date of the motor vehicle, and the portion from the next day of the basic date shall be borne by the plaintiff.

C. The Plaintiff paid KRW 1,009,40 in total as automobile tax for the instant motor vehicle from 2011 to 2013 (=181,180 won for June 201 + KRW 181,180 for December 181 + KRW 168,230 for June 2012 + KRW 168,230 for December 2012 + KRW 15,290 for June 15, 2013 + KRW 15,290 for December 15, 2013 + KRW 15,290 for December 2013), and KRW 469,840 for traffic offense of the instant motor vehicle that occurred from December 18, 201 to October 9, 2013.

On the other hand, on April 6, 2004, the instant automobile had been registered as the ownership transfer registration (new registration) in the name C before the Defendant (the name C before the opening of the name). On March 7, 2006, the ownership transfer registration was completed in the future of the Plaintiff.

2. Determination on the main claim

A. 1) According to the above facts of recognition, the defendant is obligated to take over the transfer of ownership from the plaintiff on the ground of the contract of this case, unless there are other special circumstances. 2)

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