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(영문) 서울남부지방법원 2014.08.19 2014가단3997
소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grounds for claim;

A. On September 2012, Nonparty C, the owner of the instant vehicle, promised that the instant vehicle would be disposed of in a case where Nonparty C borrowed money from Nonparty 1 and the said borrower did not transfer the instant vehicle to the said lender and fails to repay the borrowed money by the agreed date.

B. C died on November 26, 2012, and only the Plaintiff’s co-inheritors accepted a report of the recognition of the succession limit. The remainder of the report was accepted.

C. Since C was unable to pay the above borrowed money, the obligee did not accept the transfer registration procedure for the instant automobile in accordance with the payment agreement, and the Defendant currently joined the automobile insurance and operated the instant automobile. Thus, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff as the transferee of the instant automobile.

2. Determination Gap evidence Nos. 1, 2, and 4 and the fact-finding results by this court are not sufficient to recognize an accord and satisfaction agreement between the deceased C and the borrower on the basis of the fact-finding results. It is not sufficient to recognize the defendant as the transferee of the instant vehicle. Since there is no evidence to acknowledge the fact, the above assertion is insufficient to accept as it is insufficient to accept.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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