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(영문) 서울북부지방법원 2015.05.19 2014나5072
자동차인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. On July 5, 2013, the Plaintiff’s assertion entered into a contract with the Defendant on the condition that the Defendant pays the remainder of the installment payment obligation for the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) owned by the Plaintiff at the time, and delivered the instant motor vehicle to the Defendant after the transfer of ownership was registered in the name of the Defendant. After the Defendant received the instant motor vehicle, the Defendant did not pay the installment at all up to nine million won, and the Plaintiff paid the installment amounting to nine million won.

The plaintiff's service of a copy of the complaint of this case on the ground of the defendant's default of obligation and terminated the above automobile delivery contract. The defendant is obligated to perform the procedure for ownership transfer registration and deliver the above automobile to the plaintiff.

B. Comprehensively taking account of the overall purport of arguments in the statement in Gap evidence Nos. 1 through 3, 7, and Eul evidence Nos. 3 through 7, the plaintiff continued to have a relationship from around April 2009 to around August 2013 while working as a legal office. ② The plaintiff completed the registration of transfer of ownership on the instant automobile on March 5, 2013. On the same day, the plaintiff borrowed KRW 15 million from the KF Capital Co., Ltd. (hereinafter referred to as "KF Capital Co., Ltd.") to pay for the instant automobile in installments to the above company, and the plaintiff transferred the bond value of KRW 7.5 million to the defendant on March 2013, 201 (hereinafter referred to as "the bond value of the instant automobile") by means of a mortgage on the instant automobile under the name of the defendant who sent it to the above company.

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