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(영문) 광주지방법원 2014.08.26 2013가단68332
소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 19, 2005, the Defendant and C, one of them, completed the procedure for registration of transfer of ownership under a joint name with respect to the motor vehicles listed in the separate sheet (D, Austria, hereinafter “instant motor vehicles”).

B. On November 30, 2007, the Plaintiff completed the transfer of ownership on the instant automobile.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff concluded a title trust agreement with the Defendant who is the pro-Japanese of South and North Korea, and completed the ownership transfer registration on November 30, 2007 with respect to the instant automobile. However, according to the Defendant’s failure to pay automobile tax, administrative fine, etc. imposed on the instant automobile, the Plaintiff terminated the title trust agreement on November 30, 2010. As such, the Defendant is obligated to accept from the Plaintiff the procedure for applying for the registration of ownership transfer on the instant automobile on November 30, 2010.

B. Therefore, as to whether the Plaintiff entered into a title trust agreement with the Defendant and completed the ownership transfer registration on November 30, 2007 with respect to the instant motor vehicle, the statement on the health room and the evidence No. 4 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, according to the statements in the evidence Nos. 1 through 13, the witness E’s testimony, and the result of the Defendant’s personal examination, the Plaintiff purchased the instant automobile from the Defendant and completed the transfer of ownership on November 30, 2007. At the time of the purchase, the Plaintiff borrowed the purchase price from F in installment loans (the purchase price of KRW 8.4 million and KRW 700,000,000) to the Defendant. At the time of the purchase, the Plaintiff guaranteed the Plaintiff’s obligation for installment loans, and the Defendant guaranteed the Plaintiff’s obligation to the F with low credit, and completed the registration of the establishment of a collateral security right of KRW 7 million with respect to the instant automobile. The Plaintiff purchased the instant automobile as above.

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