logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.08.05 2016가단102328
소유권이전등록
Text

1. The Defendant is based on the termination of the title trust on February 29, 2016 on the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. The parties' assertion

A. The summary of the Plaintiff’s assertion concluded a title trust agreement with the Defendant, who is a friendship, stating that the Defendant’s purchase of a motor vehicle (hereinafter “instant motor vehicle”) should only be registered in the name of the Plaintiff, and completed the transfer of ownership in the name of the Plaintiff regarding the instant motor vehicle according to the said title trust agreement.

However, while operating the instant vehicle, the Defendant did not pay automobile tax and fine for negligence imposed in the name of the Plaintiff, unlike the promise at the time of the above title trust agreement. The service of the copy of the complaint of this case is terminated.

Therefore, the Defendant is obligated to accept the transfer registration procedure from the Plaintiff on the instant motor vehicle on the ground of the termination of title trust on the date of service of the duplicate of the instant complaint.

B. The gist of the Defendant’s assertion was that the Plaintiff purchased the instant motor vehicle, and requested the Defendant to sell the instant motor vehicle, and the Defendant only operated the instant motor vehicle for one period, and did not conclude a title trust agreement with the Plaintiff, as alleged by the Plaintiff.

2. Determination

A. First, the fact that the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on March 4, 2015 is not a dispute between the parties.

B. Furthermore, as to whether the above transfer of ownership was registered in accordance with the title trust agreement between the Plaintiff and the Defendant, each of the following circumstances, namely, ① the Defendant’s sole process to purchase the instant vehicle, and the Plaintiff did not participate in the process, ② the Defendant bears all of the purchase cost of the instant vehicle (the vehicle sale cost, the transfer of ownership registration cost).

arrow