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(영문) 수원지방법원 2015.09.11 2014나43967
자동차소유권이전등록
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff and the Defendant purchased the automobiles indicated in the separate sheet (hereinafter “instant automobiles”). However, the Plaintiff concluded a title trust agreement with only the name of the owner, and completed the transfer registration procedure for the instant automobiles in the future of the Plaintiff in accordance with the said title trust agreement. While the Defendant currently operated the instant automobiles but did not accept the transfer registration procedure, the Plaintiff terminated the said title trust agreement by serving a duplicate of the complaint of this case. The Defendant asserts that, as to the instant automobiles, the Plaintiff has the obligation to accept the transfer registration procedure for the instant automobiles from the Plaintiff on the ground of the termination of the said title trust.

In full view of the purport of the entire pleadings in the statement No. 1, it is recognized that the Plaintiff completed the ownership transfer registration on March 15, 2010 and the Defendant operated the instant vehicle by April 2015.

However, there is no evidence to acknowledge that there was a title trust agreement between the Plaintiff and the Defendant (the Plaintiff stated that at the date for preparatory pleading of the first instance court, the Plaintiff did not clearly indicate that it was owned by the Plaintiff and the Defendant at the time of the purchase of the instant vehicle at the time of the first day for preparatory pleading of the trial). The Plaintiff’s assertion that

Therefore, the Plaintiff’s claim of this case premised on the existence of a title trust agreement is without any reason to examine further.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed as per Disposition.

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