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(영문) 인천지방법원 2018.04.06 2017가단41612
자동차소유권이전등록절차이행
Text

1. The Defendant caused the termination of title trust on July 14, 2016 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 2015, the Defendant agreed between the Plaintiff and the Plaintiff to purchase the automobiles listed in the separate sheet (hereinafter “instant vehicle”) and make a transfer registration under the Plaintiff’s name (hereinafter “instant title trust agreement”).

B. Accordingly, on October 26, 2015, the Plaintiff completed the registration of transfer in the name of the Plaintiff with respect to the instant vehicle.

C. On June 29, 2016, the Defendant filed a lawsuit against the Plaintiff on the instant vehicle transfer registration claim based on the termination of the instant title trust agreement with the Incheon District Court Branch Branch Decision 2016Kadan16360, and on October 7, 2016, delivered a copy of the complaint containing a declaration of termination of the instant title trust agreement with respect to the said vehicle on July 14, 2016. Upon receipt of a favorable judgment against the Defendant ordering the implementation of the procedures for ownership transfer registration based on the termination of the title trust agreement, the said judgment became final and conclusive on November 2, 2016.

After that, the Defendant agreed to the Plaintiff to complete the registration of transfer according to the above final judgment immediately upon cancelling the order to suspend the operation of the instant vehicle, and the Plaintiff cancelled the suspension of operation on November 17, 2016, but the Defendant delayed the exercise of the right to apply for the registration of transfer of ownership with respect to the instant vehicle.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. In a judgment on title trust, a truster may terminate the trust at any time, except in extenuating circumstances. As long as the title trust agreement of this case was terminated on July 14, 2016, the Plaintiff is obligated to implement the procedures for registration of transfer of ownership based on the instant vehicle to the Defendant.

Even though the above judgment ordering the performance of the above obligation became final and conclusive, the defendant who fails to implement the transfer registration agreement is obligated to accept the application procedure for transfer registration for the instant vehicle from the plaintiff on the ground of the termination of the above title trust.

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