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(영문) 서울서부지방법원 2014.11.28 2014가단6674
자동차소유권이전등록절차인수 등
Text

1. Of the Plaintiff’s lawsuit against Defendant B, the Plaintiff violated the automobile-related taxes of KRW 7,894,200, and the Guarantee of Automobile Accident Compensation Act.

Reasons

1. In full view of the purport of the entire pleadings as to the claim for the acquisition of the registration procedure for the transfer of the ownership of the motor vehicle against Defendant B, the Defendant is obligated to accept the transfer registration procedure for the motor vehicle of this case from the Plaintiff on November 20, 2002, on the ground that Defendant B purchased the motor vehicle in the separate sheet (hereinafter “instant motor vehicle”) from the Plaintiff on November 20, 2002. Thus, barring any special circumstance, the Defendant is obligated to accept from the Plaintiff the transfer registration procedure for the ownership transfer on November 20, 2002.

In regard to this, Defendant B’s defense that the transfer registration procedure cannot be accepted unless the seizure registration of the instant automobile was cancelled. In full view of the overall purport of the argument in the above recruitment evidence, Defendant B was recognized as being subject to cancellation of the seizure registration of the instant automobile as indicated in the attached seizure list, which was conducted from the Plaintiff to the payment date of the remainder of the purchase. As such, Defendant B had the obligation to take over the above transfer registration procedure even when the Plaintiff was cancelled the above seizure registration, Defendant B’s defense pointing this out has merit.

2. Determination as to the Defendants’ joint and several payment claims

A. The Plaintiff’s assertion is the Plaintiff’s use of the instant vehicle together with the Defendants during the period of use, and in relation to the instant vehicle during the period of use by the Defendants, KRW 7,894,200 in total, KRW 2,90,00 in total, KRW 2,90 in fines for negligence ( KRW 210,000 in fines for negligence for violating the parking and stopping regulations imposed by the head of Seodaemun Police Station, KRW 790,000 in fines for negligence for violating the traffic signal imposed by the head of Seodaemun Police Station, KRW 300,000 in fines for negligence for violating the Guarantee of Automobile Accident Compensation Act, KRW 300,00 in fines for negligence for violating the Motor Vehicle Accident Compensation Act, KRW 50,00 in fines for negligence for violating the bus parking and stopping regulations imposed by the head of Seodaemun Police Station, KRW 760,00 in total, KRW 580,00 in fines for negligence for negligence imposed by the head of Seodaemun Police Station),

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