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(영문) 수원지방법원 2015.11.26 2015나13338
자동차소유권이전등록절차인수 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation as to the legitimacy of the part concerning the claim for confirmation among the instant lawsuit is as stated in the relevant part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Determination on the application for the acquisition of the automobile transfer registration procedure

A. On September 21, 200, the new registration of the instant automobile was completed on September 21, 200, and on November 18, 2002, the transfer registration was completed in the name of the owner to the Plaintiff. (2) On December 2003, the Plaintiff issued to a third party documents necessary for the transfer registration of ownership of the instant automobile, and delivered the instant automobile to the third party.

3) From August 10, 2004 to October 12, 2004, the Defendant subscribed to the automobile insurance with the Defendant as the policyholder and the insured, and operated the instant automobile. 4) After that, the name of the policyholder with respect to the instant automobile has been changed to C, D, Plaintiff, E, F, G, F, F, F, etc., but the name of the owner was currently changed to the Plaintiff’s register as the owner, and the attachment registration was completed from November 11, 2014 to November 156, 2014 after the first registration of the instant automobile.

5) At present, the Defendant did not occupy or use the instant vehicle. 【The ground for recognition】 The fact that there is no dispute, Gap Nos. 1 and 2, Eul No. 2, and the fact inquiry into the place of business of Pyeongtaek-si in the first instance court, and the purport of the entire pleadings.

B. On December 1, 2003, the Plaintiff asserted by the 1st party, through the Nonparty, delivered the instant automobile along with all documents necessary for the transfer of the automobile, and the Defendant purchased and operated the instant automobile from a third party around August 10, 2004. As such, the Defendant takes over the transfer registration procedure for the instant automobile from the Plaintiff on August 10, 2004.

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