logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2016.07.19 2015나6262
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim and conjunctive claim are all dismissed.

Reasons

1. Basic facts

A. On February 28, 2014, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from the said company to KRW 22,391,100 (including consignment and sales/C). The Plaintiff paid KRW 100,000 as down payment, KRW 4,791,00 as down payment, and the remainder of KRW 17.5 million in the payment was determined at the rate of 5.5% per annum as 5.5% per annum, and entered into a contract with the said company to pay KRW 528,428 in installments over 36 times per month (hereinafter “new sales contract”).

B. On March 4, 2014, the Plaintiff transferred the instant motor vehicle and completed new registration on the instant motor vehicle.

C. After receiving the instant motor vehicle delivery from the Plaintiff, C, which is a used motor vehicle dealer, sold the instant motor vehicle to the Defendant (it is a person engaged in the used motor vehicle transaction business in the trade name as D Motor Vehicle Trading Business), and received the payment from the Defendant in full.

The Defendant requested the Plaintiff to deliver documents necessary for the transfer of ownership, as C did not give the documents necessary for the transfer of the instant vehicle name, even after the purchase price was fully received.

When the Plaintiff refused to deliver the above documents, the Defendant forged the Plaintiff’s certificate of automobile transfer under the Plaintiff’s name on March 17, 2014, and completed the ownership transfer registration for the instant automobile in the name of the Intervenor (hereinafter “instant ownership transfer registration”).

E. Since then, the instant automobile was transferred to E.

Accordingly, on May 2, 2014, E completed the transfer of ownership in the name of E on the instant motor vehicle, and thereafter, E occupies the instant motor vehicle from then on.

F. Meanwhile, on May 19, 2014, the Defendant was issued a summary order of KRW 2 million due to the forgery of private documents and the crime of uttering of private investigation documents, including the facts constituting the crime stated in the above paragraph (d), and the said summary order has passed after the issuance of the summary order.

arrow