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(영문) 수원지방법원 2019.03.07 2017가단542730
소유권이전등록
Text

1. The Defendant completed the receipt C of August 19, 2013 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 19, 2013, the Plaintiff entered into a vehicle sales contract with D that the Plaintiff would sell the instant automobile listed in the separate sheet in the name of Nonparty E (hereinafter “instant automobile”) to the Defendant at KRW 25 million (hereinafter “instant sales contract”). On August 19, 2013 according to the instant sales contract, the Plaintiff completed the ownership transfer registration for the instant automobile to the Defendant on August 19, 2013.

B. The Plaintiff continued to possess the instant automobile even though the ownership transfer registration was completed in the Defendant’s name as above with respect to the instant automobile according to the instant sales contract.

【Ground of recognition】 The fact that there has been no dispute, entry of evidence Nos. 2 and 3, witness D’s testimony, purport of whole pleading

2. The parties' assertion and judgment

A. The party’s assertion (1) Plaintiff (A) received the payment of KRW 25 million out of the sales price, and did not receive the remainder of KRW 15 million, even though the ownership transfer registration for the instant automobile was completed to the Defendant pursuant to the instant sales contract.

Accordingly, on January 18, 2017, the Plaintiff rescinded the instant sales contract on the grounds of the Defendant’s nonperformance of the obligation to pay the remainder.

(B) Therefore, the Defendant is obligated to perform the procedure for the registration of cancellation of ownership transfer registration under the name of the Defendant, which was completed on the instant automobile as a result of the performance of the duty to restore

(C) In addition, the instant sales contract was rescinded.

As long as it was caused by the Defendant’s nonperformance of the obligation to pay the remainder, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the Plaintiff due to the Defendant’s nonperformance.

However, the registration of transfer of ownership in the name of the defendant was cancelled due to the cancellation of the sales contract of this case, and the plaintiff sells the motor vehicle of this case to a third

Even if the Plaintiff did, at the time of the instant sales contract.

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