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(영문) 서울남부지방법원 2016.12.09 2016가단14380
자동차반환 청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant, from the Plaintiff, on the motor vehicles indicated in the separate sheet, on December 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff is a final owner of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. The Plaintiff’s husband C provided a disturbance from February 2, 2009 to November 30, 2010, while failing to pay KRW 267,909,340 out of the price of the goods, and delivered the instant vehicle to the Defendant.

C. On November 16, 2012, the Plaintiff issued to the Defendant a certificate of automobile transfer necessary for the registration of the transfer of ownership of the instant vehicle, and a certificate of personal seal impression issued by the Plaintiff himself.

The above automobile transfer certificate is a blank, in addition to the seal affixed by the plaintiff who is the transferor.

On July 8, 2015 and August 26, 2015, the Plaintiff sent a certificate to the Defendant stating that “The Defendant, from November 2010, in possession and use of the instant vehicle, caused enormous damages to the Plaintiff who is the owner of the vehicle by failing to pay taxes, fines for negligence, etc. on a long-term period, the Plaintiff demanded the transfer of ownership over several occasions. However, the Plaintiff’s failure to comply with the request for the return of the vehicle.”

E. On July 17, 2015, the Defendant sent to the Plaintiff a certificate of content that “the instant vehicle was delivered with a partial payment for the obligation from C. There was an intent to transfer the ownership of the instant vehicle with a certificate of automobile transfer, a certificate of personal seal impression, etc. issued by the Plaintiff, but the Defendant did not pay an administrative fine exceeding KRW 2 million but did not pay it but did not transfer its ownership.”

F. Administrative fines, taxes, and penalties related to the instant vehicle are imposed on KRW 495,00 in violation of the Automobile Management Act (the first imposition before May 6, 201), as of March 30, 2016 (the first imposition before June 11, 201), KRW 1,420,200 in the mandatory insurance fines for motor vehicles (the first imposition before June 11, 2012), KRW 14,630 in the automobile tax for the year 2013, KRW 27,880 in the automobile tax for the year 2014, KRW 27,880 in the automobile tax for the year 2015, KRW 27,880 in the automobile tax for the year 2015, and KRW 532 in the aggregate imposed on environmental improvement charges from January 1, 2012 to December 31, 2015).

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