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(영문) 대전지방법원 2016.12.16 2016가단206564
건설기계등록번호표이전청구 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. In the case of the auction of construction machinery E in Youngju District Court Young-dong Branch E, the Plaintiff won the Fump trucks (hereinafter “instant construction machinery”) owned by Defendant C in KRW 78,200,000 and paid the successful bid price on February 23, 2016.

B. Meanwhile, Defendant C, upon the commencement of an auction on April 28, 2015 with respect to the instant construction machinery, the same year

6. The same year after converting the registration number plate of the instant construction machinery from F to G.

9.9. G (Business Use) changed from G to H (H), changed the registration number plate for the above business use into another vehicle owned by the Defendant Company B, and sold the above I vehicle to the Defendant Company B on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Grounds for and determination of the claim

A. The business registration number table attached to the construction machinery of this case, which is the cause of the claim, is an accessory or accessory to the construction machinery of this case, and the effect of the mortgage is effective from the time of the establishment of the mortgage on the construction machinery of this case, and thus, it should be attributed to the plaintiff who acquired ownership of the construction machinery of this case. However, as Defendant C transferred its business registration number table to Defendant B who is the representative of this case, Defendant C requested implementation of the procedures for transferring the registration number plate of D construction machinery due to the restoration of real name, and Defendant C is liable to compensate the plaintiff for damages equivalent to KRW 500,000,000 per day from February 23, 2016, the date of the successful bid payment, to the restoration to the original state. Where it is impossible to restore the registration number table for the construction machinery of this case, the defendants are jointly obligated to pay the plaintiff the compensation amount of KRW 30,000,000 equivalent to the value of the business registration number table.

B. According to Article 3(1) and (4) of the Trucking Transport Business Act and Article 3 of the Enforcement Decree of the same Act, a person who intends to run a trucking transport business shall be punished by Ordinance of the Ministry

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