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(영문) 울산지방법원 2019.09.26 2018가단72064
소유권이전등록
Text

1. As to the share of 99/100 of the motor vehicles indicated in the separate sheet from the Plaintiff, Defendant B shall have on December 12, 2018.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the evidence No. 1 to No. 6 of the Plaintiff’s claim against Defendant B, the Plaintiff and Defendant B agreed to borrow the Plaintiff’s name and purchase the instant vehicle for loan convenience. Accordingly, on January 6, 2017, the ownership transfer registration was completed in the Plaintiff’s name as to the instant automobile. On January 2, 2018, the Plaintiff completed the ownership transfer registration with respect to 1/100 of the instant automobile to the Defendant on or around January 2, 2018, and the Plaintiff’s duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the title trust contract, can be acknowledged that the duplicate of the complaint of this case, which stated the Plaintiff’s declaration of intention to cancel the

According to the above facts, Defendant B is obligated to take over from the Plaintiff the transfer of ownership registration procedure on December 12, 2018 with respect to the share of 99/100 of the instant vehicle due to the termination of title trust.

2. The Plaintiff filed a claim against Defendant C against the Defendant for the acquisition of the transfer of ownership registration procedure based on the termination of title trust with respect to the instant automobile. However, there is no evidence to prove that the Plaintiff and the Defendant C had a title trust agreement with respect to the instant automobile, and the said assertion is without merit.

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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