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(영문) 창원지방법원마산지원 2014.05.14 2013가단631
자동차소유권이전등록절차이행
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) dated January 24, 2007 with respect to 2 motor vehicles listed in the separate sheet from the Plaintiff-Counterclaim Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 14, 2006, the Plaintiff operating a sales company of imported used cars with the trade name D has completed the transfer of ownership registration in the Plaintiff’s future with respect to the 1 motor vehicles listed in the separate sheet owned by E (hereinafter “1 motor vehicles”).

B. On April 18, 2006, the Defendant requested the Plaintiff to sell and purchase the two vehicles listed in the attached Table 2 (hereinafter “second vehicle”), and accordingly, the Plaintiff completed the ownership transfer registration in the Plaintiff’s future.

C. From September 2006, the Defendant occupies the first and second automobiles.

On January 24, 2007, the Plaintiff closed its business.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 4, and 5 (including virtual numbers), the defendant's personal inquiry result, the purport of the whole pleadings

2. Determination on the main claim

A. (1) On February 14, 2006, the defendant paid KRW 12 million to F and G, and let F and G purchase the first automobile from E, and then again entrusted F and G with the sale of the said automobile. Accordingly, F and G completed the transfer of ownership in the name of the plaintiff who operates the sales company of F and G.

The plaintiff discontinued his automobile trading company around January 24, 2007 and notifies the defendant of the termination of title trust on the above automobile. Thus, the defendant is obliged to take over the transfer registration procedure based on the above automobile.

(2) The judgment of the defendant paid KRW 12 million to G and F around February 2006, and the fact that the defendant occupied the first automobile from September 2006 is recognized in full view of the facts as seen earlier or without any dispute, and the purport of the entire pleadings.

However, the facts without dispute, Gap 7 to 9 evidence, Eul 1, 2, 4 and 5 evidence (including paper numbers), the witness H testimony, the defendant himself examination result, and the following facts recognized by the purport of the whole pleadings:

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