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(영문) 부산지방법원 2018.06.05 2016가단347075
소유권말소등기
Text

1. The Plaintiff:

A. As to the motor vehicles listed in the separate sheet, Defendant C completed on November 13, 2015, and Defendant B.

Reasons

1. Facts of recognition;

A. On November 14, 2014, the Plaintiff purchased an automobile listed in the separate sheet (hereinafter referred to as “instant automobile”) from 50,600,000 won in the Royman Co., Ltd., Ltd., and completed new registration in the Plaintiff’s name on November 20, 2014. On the same day, the Plaintiff created a mortgage on the Plaintiff’s bonds amounting to 7,740,000 won in the future of A Capital Capital Co., Ltd., Ltd., and the debtor’s mortgage on the said automobile.

B. The Plaintiff allowed F to occupy and use a motor vehicle under the condition of paying installments. On March 20, 2015, the Plaintiff issued a certificate of personal seal impression to F that F would purchase a motor vehicle on March 20, 2015.

C.F borrowed KRW 15,00,000 from G as security, and the Plaintiff left the d's seal impression.

G requested H to dispose of a motor vehicle in the event the F did not repay the borrowed money, and entered into a sales contract with the J which operates I on November 3, 2015, and completed the transfer of the name in the name of I (representative defendant C in the name of the defendant C) on the motor vehicle on November 3, 2015. K which was requested to register the transfer of the name to J at the vehicle registration office as of July 16, 2015, requested K to register the transfer of the motor vehicle in the name of J, affixed the Plaintiff’s seal affixed at his own discretion on the transferor’s column, each letter of the vehicle transfer certificate (Evidence No. 5) and the Plaintiff’s seal impression, etc., and submitted the registration certificate and the Plaintiff’s seal impression.

E. On November 16, 2015, Defendant B purchased a motor vehicle from J on the same day, completed the registration of transfer of the motor vehicle to E in its name on the same day, and occupied and used the motor vehicle until the date of closing argument.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 9, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1's assertion that the plaintiff 1 did not agree with F to provide a motor vehicle as security, and the plaintiff 1 did not provide F with a certificate of personal seal impression for sale.

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