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(영문) 대구지방법원포항지원 2017.06.13 2015가단304837
자동차명의이전등록의 말소등록절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 29, 2014, the network A newly registered the instant motor vehicle as its owner.

B. On October 1, 2015, the deceased A and the Defendant reported the marriage, and the Defendant completed the registration of the transfer of ownership on the instant motor vehicle on October 7, 2015 due to the party’s transaction transfer.

C. The net A died on October 16, 2015.

On March 22, 2017, the Plaintiff filed a suit against the Defendant for nullity of marriage with the Daegu Family Court Branch of 2015Ddan2095, but the said court rendered a judgment dismissing the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant, without permission, has a duty to transfer the present automobile owned by the deceased A under the name of the defendant and to transfer the present automobile in the name of the defendant. Thus, the defendant asserts that the plaintiff, the heir of the network A, has a duty to complete the procedure for cancellation of the registration of transfer of the present automobile and deliver the present automobile.

B. The Plaintiff’s assertion is not sufficient to be recognized solely on the basis of the facts stated in the Plaintiff’s evidence Nos. 3 and 6, and there is no other evidence to prove otherwise.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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