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(영문) 대구지방법원서부지원 2015.07.09 2014가단26761
자동차인도청구
Text

1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Occurrence of a claim for delivery of the vehicle;

A. The Plaintiff, as the owner of the vehicle listed in the separate sheet (hereinafter “instant vehicle”) (However, on May 7, 2014, a co-ownership share of 1% was transferred to C), was registered to sell the instant vehicle to “SKkkk,” which is a major trading site for the instant vehicle. The Plaintiff’s agent, who reported the said sale registration, was to sell the instant vehicle at KRW 82 million to the names infinite and the instant vehicle. On May 2, 2014, the Plaintiff signed a sales contract after confirming the real property and entering into a sales contract.

At the time, D was informed of the Plaintiff's account number (the corporate bank EA, hereinafter referred to as the "corporate bank account") to the person poor, and the person poor in name was called D and notified of the Defendant's personal information.

On the other hand, F posted an advertisement that a person who acts as a middle and high-ranking intermediary, etc. purchases a high-ranking vehicle in his/her daily information market. On May 2, 2014, F also decided to purchase the pertinent vehicle and the name in secret and the instant vehicle from around 70 million won. However, on May 2, 2014, F also entered into a sales contract after confirming the real property before the above Yong-Namnam University and determining a specific sales price, etc., and F at the time notified “I bank G” (hereinafter “one bank account”) of the vehicle owner’s account number to remit the vehicle price from the name in secret, and notified the actual purchaser of the Defendant’s personal information.

D. On May 2, 2014, the Defendant, and F confirmed the instant vehicle before the Yong-Namnam University. The F confirmed the Defendant’s intent to purchase the instant vehicle with KRW 71 million, and agreed to trade the instant vehicle with KRW 67 million after deducting a fee of KRW 4 million from the person who was not paid the name.

The defendant considers the F's account number of the Han Bank account from the person in whose name it was named, as the Plaintiff's account number, the owner of the vehicle.

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