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(영문) 서울북부지방법원 2018.06.26 2018나30076
자동차소유권이전등록절차인수 등
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 27, 2003, the Plaintiff acquired the instant automobile and completed the registration of ownership thereof, and is registered as the owner of the instant automobile until now.

B. The Plaintiff requested the Plaintiff to provide the Plaintiff with a debt security against the Defendant B, and the Plaintiff delivered the instant automobile to the Defendants around July 2003 upon its request.

C. As to the instant motor vehicle, the mandatory insurance of the motor vehicle under the name of the Defendant C, which provides for the insurance period from April 1, 2014 to April 1, 2015, is entered into. D.

Defendant C operated the instant vehicle on August 7, 2013, and Defendant B on October 8, 2014 and September 12, 2015, respectively, and was discovered as a traffic offense.

E. Meanwhile, the sum of fines for negligence, automobile tax, etc. that occurred from November 2003 to December 201, 2016 pertaining to the instant automobile reaches KRW 25,115,630.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. On July 2003, the Plaintiff asserted that the Plaintiff delivered to the Defendants all the documents necessary for the registration of the transfer of ownership of a motor vehicle while delivering the instant motor vehicle to the Defendants as a debt security to the Defendants.

Accordingly, until October 2003, the Defendants agreed to repay their debts and recover them. The Plaintiff and the Plaintiff’s wife failed to repay their debts within the given period, and the Defendants directly controlled and operated the instant automobile without completing the ownership transfer registration even though the transferee of the instant automobile was the actual owner.

Therefore, Defendant C is obligated to take over the ownership transfer registration procedure for the instant automobile from the Plaintiff on October 31, 2003, and Defendant C is liable to compensate the Plaintiff for damages, such as administrative fines, etc. due to the failure of the procedure to take over the ownership transfer registration of the instant automobile.

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