(영문) 서울중앙지방법원 2015.10.30 2015가단500

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(영문) 서울중앙지방법원 2015.10.30 2015가단500

자동차소유권이전등록절차인수

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 19, 2012, the Plaintiff borrowed KRW 35,000,000 from the Defendant as interest rate of KRW 3% per month and by December 18, 2012.

B. As a condition of a monetary loan agreement, the Plaintiff and the Defendant: (a) repaid the loan in installments; (b) if the payment in installments is in arrears at one time, the Defendant or the person delegated by the Defendant, as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant vehicle”) shall deliver the vehicle to the Defendant or the person delegated by the Defendant, and (c) agreed that the Defendant would not raise any objection even if he/she consented to all acts necessary for arbitrarily recovering the instant vehicle, etc.,

C. In addition, if the Plaintiff fails to pay to the Defendant by December 18, 2012 on the same day, the Plaintiff renounces the instant automobile, etc. as of December 18, 2012, and at the same time the Defendant did not transfer the name thereof, and sells and leases it to the Defendant, the Plaintiff shall bear all civil and criminal responsibilities.

“The vehicle waiver note” has been drawn up and issued. D.

Around that time, the Plaintiff issued the documents for the registration of transfer of the instant automobiles to the Defendant, and delivered the instant automobiles.

E. On December 18, 2012, the Plaintiff failed to repay the borrowed money to the Defendant by the due date, and the Defendant occupies the instant vehicle until now.

F. After the Plaintiff delivered the instant motor vehicle to the Defendant, the registration of seizure was made several times due to a violation of a parking and stopping fine, etc., the Plaintiff reported the instant motor vehicle to the competent authority as an illegal owner’s motor vehicle (tentatively named motor vehicle) and registered in the motor vehicle register on June 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3 through 5 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. If the Plaintiff and the Defendant fail to repay the debt by the due date, the Plaintiff agreed to move the instant vehicle to the payment in kind. Accordingly, the Plaintiff agreed to do so.

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