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(영문) 대구지방법원 2015.07.07 2014가단29725
소유권이전등록절차이행 등
Text

1. The defendant shall pay in kind on June 17, 2013 for the motor vehicles indicated in the attached Form from the plaintiff to the plaintiff.

Reasons

Facts of recognition

The Plaintiff, on August 19, 201, registered as the owner of the instant motor vehicle since the completion of the ownership transfer registration in its name with respect to the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”).

On April 1, 2013, the Plaintiff borrowed KRW 6,500,000 from the Defendant, offered the instant vehicle as security and delivered the instant vehicle to the Defendant, and delivered a written consent for the storage and operation of the vehicle, a written consent for the waiver of the vehicle, and a letter of delegation.

At the time of the above lending contract, the Plaintiff agreed to pay KRW 500,000 per month to the Defendant as interest and vehicle storage fees. If the obligation to pay the above interest and vehicle storage fees is delayed, the Plaintiff agreed to the effect that the Defendant has the authority to dispose of the instant vehicle in lieu of the repayment of the borrowed amount.

However, the Plaintiff did not pay the above interest and the vehicle storage fee for the two months, and the Defendant sold the instant vehicle to the person who was unaware of his name on June 17, 2013 and delivered it to the person who was unaware of his name for KRW 8,00,000.

【Ground for recognition】 The fact that there is no dispute, Gap's statements in Gap's 1, 2, 4, 5, 6, and 7, and the claim for acceptance of the transfer of ownership registration procedure for the whole pleadings

(a) A person who takes over a registered motor vehicle shall file an application with the Mayor/Do governor for a registration of transfer of ownership of the motor vehicle, and where the transferee of the motor vehicle fails to file an application for a registration of transfer of ownership, the transferor (referring to the owner recorded in the register as at the time of application

(Article 12 (1) and (4) of the Automobile Management Act)

B. According to the above facts, the Defendant, along with a monetary lease contract with the Plaintiff, made a promise of accord and satisfaction for the instant automobile (hereinafter “instant agreement”) and exercised the right to dispose of the instant automobile on the ground of the Plaintiff’s non-performance of debt, by selling the instant automobile to another person.

Therefore, it is therefore.

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