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(영문) 서울서부지방법원 2017.06.30 2016가단26702
자동차소유권이전등록절차인수청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 20, 2008, the Plaintiff’s failure to obtain the Plaintiff’s permission and completed the new registration of ownership in the name of the Plaintiff on the instant automobile without obtaining the Plaintiff’s permission.

B. Around March 2009, the Plaintiff delegated the disposal of the instant automobile to the non-titled names of the Plaintiff, and issued a certificate of personal seal impression, a seal imprint, etc. necessary for the procedures for the registration of the transfer of ownership.

C. When the date of the non-existence of the Plaintiff delegated the disposal of the instant vehicle to a third party under the name of the non-known name, the Plaintiff, along with the instant vehicle, delivered all the documents necessary for the registration procedure for transfer of ownership of the instant vehicle, and received KRW 3 million from the third party.

[Reasons for Recognition] A without dispute, the fact that the plaintiff is the applicant, each entry in Gap evidence 1 and 2, and the purport of the whole pleadings

2. Judgment on the Plaintiff’s claim to accept the procedure for filing the transfer of ownership

A. 1) The parties’ assertion 1) The Defendant concluded an automobile insurance contract for the instant automobile with respect to the instant automobile covered by AXA damage insurance on March 15, 2010 (hereinafter “the instant automobile insurance contract”).

2) On March 15, 2010, Defendant C subscribed to the automobile insurance in the name of the Defendant without the Defendant’s permission, and there is no record that the Defendant concluded the automobile insurance contract in this case.

B. Determination Nos. 1, 2, 3, 4-1, and 2 can be recognized in light of the overall purport of the pleadings. In other words, in light of the fact that the Defendant reported the damage that his resident registration number was unlawfully used under the instant automobile insurance contract to the Gyeonggi Asian District Police Station on March 13, 2017, the foregoing evidence and this Court.

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