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(영문) 서울중앙지방법원 2014.12.05 2014가단5014095
자동차소유권이전등록인수
Text

1. The Defendant has a reason for a transfer contract from the Plaintiff on September 22, 201 with respect to the motor vehicles listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 19, 2010, the Plaintiff acquired a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and completed the registration of transfer of ownership, and is registered as the owner in the motor vehicle register until now.

B. On June 27, 2011, the Plaintiff: (a) borrowed KRW 6 million from the loan to AB, Inc.; (b) provided the instant vehicle as security; and (c) agreed to acquire the ownership of the said vehicle in lieu of repayment, if the said company did not repay the loan by August 27, 201; and (b) delivered the said vehicle to the Plaintiff by the due date. The Plaintiff was unable to repay the loan by the said due date.

C. However, on September 22, 2011, when the transfer registration procedure for the instant automobile was not implemented, AB loan Co., Ltd. entered into a transfer contract with the Defendant to transfer both the Plaintiff’s loan claim and the right to the instant automobile, and the Plaintiff consented thereto.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, in the event that the Plaintiff borrowed money from the loan from the loan from the loan from the loan from the loan from the transfer to the transfer of the loan from the Plaintiff and the loan from the transfer to the transfer to the transfer company, it is reasonable to deem that the Plaintiff received the instant vehicle by delaying the Plaintiff’s performance of the loan from the transfer to the transfer company pursuant to the above agreement, and thereafter, the Defendant acquired the entire right to the instant automobile from the transfer to the transfer company with the consent of the Plaintiff on September 22, 2011, and the transferee of the registered automobile from the transfer to the Mayor/Do governor as prescribed by Presidential Decree.

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