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(영문) 서울남부지방법원 2020.02.12 2018가단251947
소유권이전등록
Text

1. The defendant limited liability company C terminates the title trust on October 4, 2018 with respect to the motor vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 6, 2012, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant vehicle”) and agreed to keep only the registration title of the instant vehicle as “stock company E” and bear all of the Plaintiff’s insurance premiums, taxes, etc. while using the instant vehicle until five years later (the time when the ownership transfer registration is possible in the name of the Plaintiff, using liquefied petroleum gas fuel under the Automobile Management Act) between E and E, and the Plaintiff occupied and used the instant vehicle from around that time.

B. On October 10, 2012, Defendant D, the representative director of F, G and wife, established H, and completed the ownership transfer registration of the instant motor vehicle on October 10, 2012. On November 7, 2018, the trade name of the limited company H was changed to “limited company C”.

(hereinafter referred to as “Defendant C, regardless of whether it is before or after the change).

Defendant C obtained a loan of KRW 25,00,000 from I Association as security on April 1, 2013 and remains as of November 2, 2018.

On October 1, 2018, the Plaintiff notified Defendant C of the termination of the instant title trust agreement, and the said notification reached the Defendant on October 4, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 8 each entry (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the claim to implement the procedure for automobile transfer registration, the instant title trust agreement was terminated upon the Plaintiff’s notice of termination of title trust of this case reached Defendant C on October 4, 2018.

As such, Defendant C is obligated to implement the transfer registration procedure for ownership transfer on the instant motor vehicle, as the restoration to the Plaintiff, on the ground of termination of title trust of this case.

3. A claim for damages equivalent to the rental fee.

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