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(영문) 서울서부지방법원 2016.06.22 2015가단22482
자동차소유권이전등록절차인수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the defendant purchased the instant automobile on July 1, 2007, the defendant is obligated to take over the transfer registration procedure for the instant automobile.

Around 2008, the Defendant’s assertion that the instant automobile was in the name of the Plaintiff when the instant automobile was purchased at the request of the Plaintiff, but thereafter, the instant automobile was confirmed to be illegal, and the instant automobile was returned to the Plaintiff and the sales contract was rescinded.

Judgment

In full view of Gap evidence No. 1, Eul evidence No. 1, the fact finding about Samsung Fire Insurance Co., Ltd., the witness Eul's testimony, and the whole purport of the pleadings, the plaintiff completed new registration in his name on October 19, 2006, ② the plaintiff transferred the automobile of this case as collateral and delivered documents necessary for the transfer of ownership registration, ③ the defendant lent the automobile of this case under the name of the defendant for the purchase of the automobile of this case upon request of Eul, a sale agent, around June 2008, under the name of the defendant for the purchase of the automobile of this case. ④ The defendant's automobile insurance was purchased under the name of the defendant for the automobile of this case from June 13, 2008 to January 6, 2009.

According to the above facts, the defendant is obligated to take over the transfer registration procedure for the instant motor vehicle as the transferee of the instant motor vehicle under the name of the transferee.

However, around the end of 2008, C recognizes the fact that the instant automobile is an illegal vehicle and used cars of this case.

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