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(영문) 서울행정법원 2018.11.01 2018구합2810
자동차 등록 말소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. In accordance with B’s proposal, the Plaintiff provided a borrower with a new car as security and received a loan. On December 6, 2013, the Plaintiff borrowed KRW 25,200,000 under the name of the Plaintiff in accordance with B’s purchase purpose of a motor vehicle listed in the separate sheet from Hyundai Capital Co., Ltd. (hereinafter “instant motor vehicle”).

On December 9, 2013, the Plaintiff newly registered the instant motor vehicle under the Plaintiff’s name, and created a collateral mortgage on a motor vehicle with the same Hyundai Capital Co., Ltd. as a mortgagee.

B. In the event that the Plaintiff and B did not pay at all the purchase installment of the instant vehicle, the Plaintiff borrowed KRW 13 million from the credit service provider C as security, and then delivered the instant vehicle, and then delivered the letter of waiver of the vehicle.

C. On November 24, 2016, the Plaintiff requested to suspend the operation of the instant motor vehicle at Bupyeong-si on the ground that the location of the instant motor vehicle cannot be known, and on November 24, 2016, the Plaintiff ordered to suspend the operation of the instant motor vehicle.

On the other hand, with respect to the act of the above sub-paragraph (b), the Plaintiff and B were indicted on September 29, 2017 on the ground that it constitutes a crime of obstructing another’s exercise of rights against Hyundai Capital Co., Ltd., which is the right to collateral security of the instant vehicle, and on October 19, 2017, upon receiving a summary order of KRW 3 million for the Plaintiff, and KRW 5 million for the Plaintiff, and that summary order was finalized.

E. After the filing of the instant lawsuit, the Plaintiff filed a theft report with the Gangseo Police Station on March 29, 2018. On April 3, 2018, the Plaintiff sent to the Defendant a certificate of content that he/she wishes to cancel the registration as he/she is aware of the location of the instant vehicle. On July 13, 2018, the Plaintiff filed an application for the registration cancellation on the instant vehicle with the Defendant on the ground of “ Theft.”

However, the defendant does not recognize the grounds for the cancellation of the registration of the motor vehicle of this case and does not constitute the grounds for ex officio cancellation.

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