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(영문) 창원지방법원마산지원 2015.06.11 2015가단3429
소유권이전등록
Text

1. The part of the Plaintiff’s lawsuit against Defendant C regarding the claim for the confirmation of existence of an obligation shall be dismissed.

2. Defendant B is from the Plaintiff.

Reasons

1. The fact that there is no dispute over the claim against Defendant B, Gap evidence No. 1, Eul evidence No. 2-1, and Eul evidence No. 1, and the purport of the whole pleadings, the plaintiff completed the registration of the automobile as owner on October 26, 2001 as to the automobile listed in the separate sheet No. 1 (hereinafter "the automobile of this case") and registered as owner on the above vehicle register until now. The plaintiff agreed to transfer the automobile of this case if he borrowed KRW 4,00,000 from the credit service provider on his name in November 2003 and did not pay the borrowed amount, and the plaintiff delivered the above vehicle to the above person under his name and delivered the letter of waiver of the vehicle. The plaintiff failed to pay the above borrowed amount to the above person under his name, and the defendant Eul agreed to use the automobile of this case as principal until the loan of this case until the time of lease, and it is recognized that he was not paid the loan of this case from the defendant E.

A person who takes over a registered automobile shall apply to the Mayor/Do governor for the registration of transfer of the ownership of the automobile, and where the transferee of the automobile fails to apply for the registration of transfer, the owner recorded in the register may apply for the

(1) According to the reasoning of the judgment below, Defendant B, who acquired the instant automobile from the Plaintiff or from the person who acquired the instant automobile from the Plaintiff or the person who acquired the instant automobile before it, is determined to have acquired the instant automobile. Thus, the Plaintiff entered in the original register as the owner, may seek against Defendant B the transfer registration procedure for the instant automobile.

Defendant B asserts that the transfer registration procedure cannot be taken place until the attachment registration completed before May 8, 2007, which he had taken over the instant vehicle, was cancelled.

Defendant B’s attachment, etc.

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