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(영문) 춘천지방법원원주지원 2015.10.28 2015가단2378
소유권이전등기 말소
Text

1. On July 29, 2013, the Defendant completed the Plaintiff’s automobile indicated in the separate sheet C.

Reasons

1. Facts of recognition;

A. On April 29, 201, the Plaintiff completed the procedure for registration of transfer of ownership in the name of the Plaintiff as to the motor vehicle indicated in the main text (hereinafter “instant motor vehicle”).

B. On July 19, 2013, the Defendant: “Around July 19, 2013,” from D and E, “I would obtain installment loans from a financial company by pretending to actually purchase a motor vehicle, and will not cause any damage by transferring the name or repaying all of the loans within three months,” was deceiving the horses, and completed the procedure for registration of transfer of ownership as to the foregoing motor vehicle under the name of the Defendant (hereinafter “registration of transfer of ownership”). D and E received the instant motor vehicle as collateral under the name of the Defendant and did not repay the loan.

【Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings】

2. Determination:

A. According to the above facts of determination as to the plaintiff's cause of action, although there is no sales contract between the plaintiff and the defendant, the defendant is deemed to have completed the ownership transfer registration as to the automobile of this case without any cause. Thus, the defendant is obligated to cancel the ownership transfer registration of this case, which is null and void, unless there are special circumstances.

B. The Defendant’s assertion and its determination (1) as to the Defendant’s assertion, the Defendant consented to the purchase of the instant vehicle under the name of the Defendant on the ground that D and E purchases the actual vehicle to be displayed in the used vehicle sale complex, and the Plaintiff also consented to the transfer of the said vehicle name to others through D and E, and issued a certificate of seal impression, etc., the instant transfer registration is valid.

In addition, even if the Plaintiff expressed his intent to transfer the ownership of the instant vehicle through the deception of D and E, and even if the Plaintiff cancels it by fraud, the Defendant has a new interest based on the above legal relationship.

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