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(영문) 대전지방법원공주지원 2011.09.22 2011가단2028
자동차반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant brought the automobile of this case owned by D by the plaintiff's husband around 2007 has been operated without permission until now.

Therefore, the Defendant is liable to compensate the Plaintiff for damages equivalent to the sum of KRW 1,170,00 per month calculated from April 2008 to June 201 (=30,000 won x 39 months) and the sum of unpaid automobile taxes (66,160 won per month, June 2007, June 2008, June 2008, June 95, June 770, June 201, respectively).

2. Determination

A. There is no evidence to acknowledge the Plaintiff’s assertion that the Defendant brought the instant vehicle without permission to use it so far.

B. Rather, comprehensively taking account of the overall purport of the arguments in the statements No. 1, No. 2-1, No. 2-4, No. 3, and No. 4, D can only recognize the fact that the Defendant’s husband F of May 16, 2007 sold the instant vehicle to the Defendant’s husband F, and the Defendant’s husband F of May 16, 207, followed the transfer of ownership registration procedure and delivered the said vehicle to F.

C. Therefore, the plaintiff's above assertion is without merit without examining the remainder of the issue.

3. Therefore, the plaintiff's claim is dismissed.

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