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(영문) 대전지방법원 2017.08.31 2017가단1810
자동차소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. Although the Plaintiff’s assertion is indicated as the final owner of the instant motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”), the Plaintiff is not related to the instant motor vehicle and the Defendant is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff because it was an actual owner of the instant motor vehicle by investing in kind the instant motor vehicle on September 13, 2012, because it was not related to the instant motor vehicle in the process of acquiring the corporation on September 25, 2013, because it was not related to the instant motor vehicle

B. Determination of the acquisition, loss, and transfer of ownership of a motor vehicle under the Motor Vehicle Management Act takes effect by registering the acquisition, loss, and according to the evidence No. 3, the plaintiff can recognize the fact that the plaintiff registered the transfer of ownership of the motor vehicle of this case on October 30, 2012. Thus, the plaintiff is the owner of the motor vehicle of this case, barring special circumstances that the above transfer of ownership is null and void. The circumstance that the defendant invested in kind the motor vehicle of this case in kind and the entries of the evidence No. 5 and No. 10 are insufficient to recognize that the plaintiff is not the owner of the motor vehicle of this case

Therefore, the plaintiff's claim of this case is without merit.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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