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(영문) 인천지방법원부천지원 2017.06.23 2016가단29175
자동차소유권이전등록절차인수
Text

1. The Defendant is limited to a motor vehicle indicated in the separate sheet from the Plaintiff on February 14, 2012.

Reasons

1. Facts of recognition;

A. On January 20, 2012, the Plaintiff entered into an accord and satisfaction contract with respect to the automobiles indicated in the attached Form (hereinafter “instant automobiles”) by leasing KRW 5,000,000 to C.

B. On February 14, 2012, the Plaintiff sold the instant motor vehicle in KRW 7,500,000 to the Defendant.

C. On June 14, 2016, the Plaintiff completed the transfer registration procedure on February 19, 2012 on the instant automobile.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. A person who takes over a listed motor vehicle shall apply for registration of transfer of ownership;

(1) According to Article 12(1) of the Automobile Management Act, the Plaintiff entered in the original register as the owner may seek that the Defendant who purchased the instant motor vehicle take over the transfer registration procedure for the instant motor vehicle based on sale on February 14, 2012.

[If a transferee of a motor vehicle intends to transfer a motor vehicle again to a third party, he/she shall make the registration of transfer under paragraph (1) in his/her name before transfer (Article 1(3) of the same Act). Thus, even if the motor vehicle in this case was sold again to a third party as alleged by the defendant, it shall not be deemed any different one.] 3. If so, the plaintiff's claim is reasonable, and it

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