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(영문) 의정부지방법원 2017.08.23 2017나3773
자동차소유권이전등록절차이행청구
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. J is the nominal owner of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. On January 23, 2015, the J died. On January 23, 2015, the J’s heir, who is the spouse’s lineal descendant E, H, L, and M. All of the above inheritors renounced inheritance. Defendant F, who is the child of Defendant B, C, and H, and I received a judgment of limited inheritance (U.S. District Court 2016Ra689).

C. On the other hand, on December 23, 2015, the Plaintiff paid KRW 13,330,000 to the salesman of a motor vehicle under his name and received delivery of the instant motor vehicle and J’s automobile transfer certificate, motor vehicle registration certificate, motor vehicle transfer certificate, certificate of personal seal impression, vehicle takeover certificate, vehicle delivery certificate, vehicle delivery certificate, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 10, the purport of the whole pleadings

2. The plaintiff's assertion

A. The J, the original owner of the instant motor vehicle, agreed to waive the ownership of the instant motor vehicle in the event that the principal and interest cannot be repaid within the agreed period while borrowing KRW 20,000 from the Plaintiff in bad name. The J failed to repay the principal and interest within the agreed period.

Accordingly, the said car dealer acquired ownership of the instant automobile, and the Plaintiff acquired ownership by purchasing the instant automobile from the Plaintiff. As such, the Defendants, the heir of J, are obligated to implement the transfer registration procedure for the instant automobile to the Plaintiff.

B. Even if it is difficult to see that the said vehicle dealer acquired the ownership of the instant vehicle, theJ decided to grant the said vehicle seller all the authority to dispose of the instant vehicle when it is unable to repay the principal and interest of the instant vehicle within the agreed period. Thus, the said vehicle seller is delegated with the authority to dispose of the instant vehicle and transferred the instant vehicle to the Plaintiff on behalf of the J.

Therefore, the defendants are the automobiles of this case from J.

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