(영문) 의정부지방법원 2018.04.12 2017가단18859

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(영문) 의정부지방법원 2018.04.12 2017가단18859

자동차소유권이전등록절차이행

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1. The Defendant is limited to the cause of sale on June 24, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. On June 24, 2017, the Plaintiff: (a) concluded a sales contract to sell the vehicle listed in the [Attachment List (MINI Cooper s) to the Defendant for KRW 17,300,000 (hereinafter “instant automobile”); (b) the Defendant paid the Plaintiff the sales price in full on the same day; and (c) the fact that the instant automobile was delivered by the Plaintiff along with all documents necessary for the transfer of ownership is either a dispute between the respective parties, or that it was delivered by the Plaintiff along with the documents attached thereto, according to the purport of the entries in subparagraphs 1 and 2 and the entire pleadings.

Thus, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff.

2. Defendant’s defense and judgment thereon

A. The Defendant asserts that the instant sales contract was concluded by the Plaintiff by deceiving the Plaintiff as a non-accidentd vehicle despite the history of the accident on the instant vehicle, and that the automobile had an impact on the performance and safety of the automobile to the extent that its operation could not be almost possible, and that the contract was rescinded or revoked, the Defendant asserted that the Plaintiff cannot respond to the Plaintiff’s claim.

In this regard, the Plaintiff asserted that the instant automobile is an accidentless vehicle, and that the engine ophone did not sell a motor vehicle.

B. Determination 1) First of all whether the Plaintiff deemed the accident-free vehicle as the accident-free vehicle, whether the instant vehicle is the accident-free vehicle. According to the respective descriptions and images of the evidence Nos. 2, 3, and 9, the term “quota Panel” part of the instant vehicle refers to the external panel of Quter Panel and the back wheels part of the instant vehicle.

The Plaintiff appears to be a clerical error in the “penter” bulletin board of the Ninber vehicle club, with the color of the board.

Dogrgrance is in color, and non-accidents.

“Although this writing was written, it is to be the owner of the entire automobile of this case.

유사 판례

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-인천지방법원 부천지원 2016.04.07 2015고단2599

-청주지방법원 2017.07.20 2016가단113030

-대전지방법원 2015.02.05 2014노1778