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(영문) 서울동부지방법원 2019.01.30 2018나1010
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 1, 2010 upon C’s request, the Plaintiff completed the ownership transfer registration under the name of the Plaintiff with respect to the automobiles listed in the separate sheet No. 1 (hereinafter “instant automobiles”) acquired by C (hereinafter “instant automobiles”).

B. C dies after the death, and the defendant is the beneficiary and heir of C.

C. On July 31, 2015, the Plaintiff filed a lawsuit against the Defendant, the heir of C, seeking to take over the transfer of ownership registration procedure based on the termination of the title trust agreement with the Seoul East Eastern District Court 2015da30863, which was decided by the said court that “the Defendant shall take over the transfer of ownership registration procedure based on the termination of the title trust agreement as of the instant motor vehicle from the Plaintiff on July 31, 2015,” and the said judgment became final and conclusive around that time.

After April 1, 2010, KRW 6,013,870, including the administrative fine, automobile tax, and environmental improvement charges as shown in the attached Table 2, was imposed on the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination

A. As seen earlier prior to the determination of the cause of the claim, C did not perform the procedure for the registration of the transfer of ownership, but did not perform the procedure for the registration of the transfer of ownership, and the Defendant inherited the instant automobile after C’s death, but did not implement the procedure for the registration of the transfer of ownership. If C or the Defendant performed the procedure for the registration of the transfer of ownership after C’s acquisition of the instant automobile or after C’s death, it would have not been imposed on the Plaintiff, and thus, the Defendant should compensate the Plaintiff for the damages caused to the Plaintiff by imposition of the administrative fine, etc. on the instant automobile due to C or the Defendant’s failure to implement the procedure for the registration of the

Therefore, the defendant shall, unless there are special circumstances, be the plaintiff.

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