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(영문) 서울남부지방법원 2016.08.19 2016가단2806
자동차소유권말소등록절차이행 등
Text

1. As to motor vehicles listed in the separate sheet:

A. Defendant C shall receive, on June 12, 2012, the viewing of Ansan to Defendant B.

Reasons

1. Defendant B completed the transfer registration of ownership on March 11, 201 with respect to the motor vehicle listed in the separate sheet of basic facts (hereinafter “instant motor vehicle”), and Defendant C completed the transfer registration of ownership as the receipt No. 027890 on June 12, 2012 of the Gyeonggi-do Viewing City’s Ansan-do (hereinafter “instant transfer of ownership”).

[Ground of recognition] Unsatisfy, Gap evidence 3, Gap evidence 7

2. Assertion and determination

A. (1) The Plaintiff’s assertion (1) sold the instant motor vehicle to D on November 28, 201, and the Plaintiff succeeded to the buyer’s status from D. As such, Defendant B is liable to implement the transfer of ownership registration procedure for the instant motor vehicle on the ground of the said sale.

Nevertheless, Defendant B conspired with Defendant C to file a false theft report in order to bring the instant vehicle into the instant vehicle by using the fact that the ownership transfer registration is not yet made, and accordingly, Defendant C completed the ownership transfer registration of this case.

Since there was no true transaction among the Defendants, Defendant C shall cancel the registration of transfer of ownership of this case.

(2) Although Defendant B’s assertion that Defendant B had issued a certificate of personal seal impression, etc. in relation to the automobile installation, there is no fact that the instant automobile was sold.

B. As to the claim against Defendant B, the Plaintiff sought implementation of the procedure for ownership transfer registration of the instant automobile on the ground that he succeeded to the status of purchaser of the automobile sales contract from Defendant D.

The plaintiff's assertion is based on the argument that the automobile sales contract between D and the defendant B was accepted.

The purpose of contract acceptance is to comprehensively transfer the status of one of the parties to a contract to a third party and to withdraw from the contractual relationship and to succeed to the status of the third party.

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