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(영문) 대구지방법원 2015.05.22 2014나16744
자동차소유권이전등록절차인수
Text

1. Revocation of a judgment of the first instance;

2. The defendant on June 30, 2009 concerning the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On May 2009, the Plaintiff heard the phrase “the Defendant would not borrow a loan due to a credit problem,” and issued a certificate of personal seal impression, etc. necessary for the purchase of a motor vehicle to the Defendant, upon the Plaintiff’s lending of the name, if the Plaintiff would purchase the motor vehicle with the loan and transfer the said motor vehicle under the name of the Defendant by June 30, 2009.”

B. On May 29, 2009, the Defendant purchased a motor vehicle listed in the separate sheet in the Plaintiff’s name, but did not transfer the said motor vehicle under the Defendant’s name until June 30, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness F, purport of whole pleadings

2. According to the above facts of recognition, the defendant is obligated to accept from the plaintiff the procedure for applying for the registration of transfer of ownership on June 30, 2009 with respect to the motor vehicles listed in the separate sheet.

3. In conclusion, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion. Thus, it is so decided as per Disposition by accepting the plaintiff's appeal and ordering the defendant to perform the above obligation.

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