(영문) 광주지방법원 2017.02.03 2016가단10532

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(영문) 광주지방법원 2017.02.03 2016가단10532

자동차소유권이전등록절차이행 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was working at a store operated by B around 2014. However, the Plaintiff stated that B would register the transfer of ownership in its name after purchasing a motor vehicle under the Plaintiff’s name as the motor vehicle was necessary for the Plaintiff to operate the business, and that B would pay the vehicle installments.

B. On February 6, 2014, the Plaintiff purchased KRW 24 million as principal for the instant automobile as indicated in the separate sheet (hereinafter “instant automobile”) and entered into a discount contract with Hyundai Capital Co., Ltd., and completed the registration of ownership of the instant automobile on February 19, 2014.

C. On May 20, 2014, the Plaintiff requested B to adjust the instant motor vehicle, and B promised B to sell the instant motor vehicle to another person on behalf of the Plaintiff and to adjust all the expenses incurred in installment payments incurred by the instant motor vehicle.

The instant automobile was sold to the Defendant on May 30, 2014, and around that time, the ownership transfer registration in the name of the Defendant was completed with respect to the instant automobile.

E. B, after the Plaintiff purchased the instant vehicle, from March 2014 to February 2, 2015, the Plaintiff repaid the installment loans to Hyundai Capital Capital Co., Ltd., and the total repayment amount is KRW 10,912,014.

However, B was unable to repay installment loans from March 2015, and the Plaintiff, the nominal owner of installment loans, has been liable for the repayment of installment loans to Hyundai Capital Capital Co., Ltd.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 7, and 12, testimony of witness B, purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion B stated that the Plaintiff’s certificate of personal seal impression and the next key was necessary to succeed to the installment loans of the instant automobile, and the Plaintiff offered B a key to the certificate of personal seal impression and the next key.

However, in May 30, 2014, B may be known to the Plaintiff.

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