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(영문) 광주지방법원 2018.12.07 2017가단18984
차량인도
Text

1. Defendant C’s revocation of the title trust on December 22, 2017 with respect to the vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B were to teach from August 2013, and were living together from February 2014, and were in a de facto marital relationship on April 2014.

B. On April 7, 2014, the Plaintiff transferred the ownership of the vehicle indicated in the separate sheet (hereinafter “instant vehicle”) in the name of Company D, a company that is one of its own, to Defendant C, a partner of Defendant B, and completed the registration of the transfer of ownership of the vehicle.

C. Around July 2016, when a de facto marital relationship between the Plaintiff and the Defendant B was broken down, the Plaintiff and the Defendant B drafted a written agreement containing the following: “The Plaintiff and the Plaintiff, on July 31, 2016, shall immediately deliver necessary documents to the Plaintiff or the third party upon the Plaintiff’s request for the change of the name, and the failure of the marriage between the Plaintiff and the Defendant B is liable for the failure of the marriage between the Plaintiff and the third party, but, on the other hand, Defendant B shall not file a lawsuit on the condition that Defendant B cooperates in the change of the name of the real estate and the vehicle and faithfully hand over the business of the E cafeteria operated by the Plaintiff.”

(hereinafter referred to as “instant agreement”). 【No dispute exists, Gap evidence 1, Gap evidence 2, Gap evidence 5, and the purport of the whole pleadings.

2. The Plaintiff asserted that the instant motor vehicle was used by Defendant B at the request of Defendant B, who was in a de facto marital relationship, and was deemed to have registered the transfer of ownership in the name of Defendant C, and had it registered the transfer of ownership. Since the Plaintiff terminated the instant motor vehicle by serving the purport of the title trust termination on December 19, 2017 and the written application for the change of the cause of the claim on December 19, 2017, the Defendant C was obligated to take the procedure for the registration of transfer of ownership on the instant motor vehicle on December 22, 2017 and deliver the instant motor vehicle to the Defendants.

In addition, the automobile of this case is serious.

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