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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 3, 2002, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).
B. around April 2002, the Plaintiff requested a third party to sell and purchase the instant vehicle, and delivered the instant vehicle with all documents necessary for the registration of transfer along with the documents required for the registration of transfer.
C. On November 19, 2003, the Defendant concluded an automobile insurance contract with KB Damage Insurance Co., Ltd. as the insured, and maintained this insurance contract until June 15, 2004.
[Based on the basis of recognition, Gap evidence No. 1, the fact-finding results on the office of registration of old and old vehicles of this court, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to take over the transfer registration procedure for the instant automobile unless there are special circumstances.
B. On November 19, 2003, the Defendant asserted that the Defendant: (a) purchased the instant vehicle from a used vehicle broker on November 19, 2003 and operated it; (b) returned the instant vehicle on June 15, 2004; and (c) rescinded the relevant sales contract; (b) upon considering the following: (a) the statement in the evidence No. 1; (c) the inquiry into the place of business registration of the old and present vehicle; and (d) the witness’s testimony, the entire purport of the pleadings, the Defendant purchased the instant vehicle at KRW 2.5 million from a private individual among the used vehicles on November 19, 203; and (b) the Defendant purchased the instant vehicle after returning the instant vehicle to C on June 15, 2004; and (b) on the same day, purchased the instant vehicle from C on the same day, and paid KRW 2 million in difference with the previous purchase price.
According to the above facts, the Defendant returned the instant automobile to C, and on the ground of the legal defect existing in the instant automobile.