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(영문) 의정부지방법원 2015.06.23 2014가단14283
자동차등록인수
Text

1. The defendant shall enter into a contract for the transfer of a motor vehicle from the plaintiff on June 12, 2003.

Reasons

1. Facts of recognition;

A. On June 12, 2013, the Plaintiff sold a motor vehicle indicated in the attached list owned by the Plaintiff (hereinafter “instant motor vehicle”) to the Defendant for KRW 10 million (hereinafter “instant sales contract”), and issued documents necessary for the registration of transfer of ownership to the Defendant around that time, and delivered the instant motor vehicle to the Defendant.

B. However, the Defendant did not implement the procedure for ownership transfer registration and operated the instant motor vehicle from around that time, and had an administrative fine of KRW 80,000 imposed on September 22, 2003 under the Plaintiff’s name due to a violation of parking and stopping regulations, etc., subject to an administrative fine of KRW 3,930,260 in total from around that time to January 4, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to take over the procedure for ownership transfer registration with respect to the motor vehicle of this case from the plaintiff, and to compensate the damages of KRW 3,930,260 equivalent to the fine for negligence imposed on the plaintiff according to the failure to take over the above procedure for ownership transfer registration.

B. First of all, the defendant's argument that the plaintiff promised to pay in full the installment for the instant automobile in the instant sales contract, but it was impossible to complete the transfer registration procedure for the instant automobile because it did not perform this, and that the defendant terminated or rescinded the instant sales contract to the plaintiff.

According to the purport of the statement and the whole argument of evidence No. 1, it is true that at the time of the instant sales contract, the Plaintiff did not fully pay all the installment cost of the vehicle borrowed for the purchase of the instant vehicle. Article 8 of the instant sales contract is whether the Defendant succeeds to the remaining installment in case where the Plaintiff purchased a vehicle with the installment and transfers it to the Defendant without paying the installment payment.

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