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(영문) 수원지방법원안산지원 2015.09.02 2014가단20615
자동차소유권이전등록절차이행 등
Text

1. The Defendant is based on the termination of the title trust on February 25, 2013 regarding the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

Facts of recognition

The Plaintiff completed the registration of ownership transfer on January 31, 2012 with respect to the land and the building on the land and the ground (hereinafter “instant real estate”).

On March 12, 2012, the Plaintiff entered into a mortgage agreement with D on the instant real estate, and completed the establishment registration of a mortgage of KRW 105,00,000 for the following maximum debt amount:

On January 19, 2013, the Plaintiff agreed to transfer the right to collateral security and to repay the loan up to February 25, 2013 on the condition that the Plaintiff would obtain a loan of the amount of KRW 15,000 through KRW 20,000,000. Accordingly, on February 21, 2013, the Plaintiff borrowed KRW 16,00,000 from New Zealand, Inc. and lent the loan to the Defendant.

On the other hand, around February 19, 2013, the Plaintiff: (a) leased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”); (b) delivered the motor vehicle to the Defendant; (c) the Defendant promised to succeed to the lease contract within one week to take over the name of the motor vehicle.

From February 19, 2013 to June 15, 2015, the time of the closure of the instant argument, the Plaintiff paid KRW 17,370,616 from his own account to Hyundai Capital, under the name of lease fees, etc. of the instant vehicle (i.e., total remittance amount of KRW 17,380,480 - KRW 9,864 on August 13, 2013), and KRW 19,72,611 from his wife E’s account respectively, and disbursed KRW 19,093,227 on a aggregate. Of them, KRW 11,40,00,00 was returned from the Defendant.

The Plaintiff paid KRW 732,00 in total, up to June 30, 2014, the automobile tax and local tax imposed on the instant automobile.

[Ground of recognition] A without any dispute, Gap 2, 3, 11, 12, and 13 (including various numbers), and according to the above-mentioned facts of recognition, the defendant takes over from the plaintiff the transfer of ownership registration procedure for the instant automobile on February 25, 2013 due to the cancellation of title trust on February 25, 2013, and the plaintiff's lease fee of KRW 16,00,000, automobile lease fee of KRW 7,693,227 = 19.

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