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(영문) 인천지방법원 2015.01.13 2014나14962
자동차소유권이전등록절차이행 등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Around December 2008, the Plaintiff’s summary of the Plaintiff’s assertion: (a) decided to transfer a motor vehicle as indicated in the separate sheet (hereinafter “instant motor vehicle”) to D without compensation; and (b) delivered the instant motor vehicle to D; (c) while D was operated on delivery of the instant motor vehicle, it did not comply with the procedure for the ownership transfer registration regarding the instant motor vehicle; and (d) died on June 21, 2012.

Therefore, the defendant, one of the inheritors of D, is obligated to implement the procedure for ownership transfer registration of 1/2 shares, which are the defendant's inheritance shares, for the motor vehicle of this case.

2. Determination

A. In full view of the facts-finding on the cause of the claim Gap evidence No. 1 and the fact-finding on the damage insurance company of the court of first instance with LIG, the automobile of this case was completed on September 16, 2003 in the name of the plaintiff, and the plaintiff decided to transfer the automobile of this case free of charge to D as of December 26, 2008 and delivered the automobile of this case to D, D changed the registration number of the automobile of this case to E on December 26, 2008, and entered into the automobile insurance contract of LIG (LIG) in its name, and D died on June 21, 2012, since the defendant and C were recognized as the parents of D, and barring any special circumstance, the defendant is obligated to acquire the ownership transfer registration of the automobile of this case from the plaintiff's heir's share of this case.

B. As to the judgment of the defendant's assertion, the defendant asserts that the plaintiff's claim cannot be complied with since the defendant filed a waiver of inheritance in succeeding the network D's property.

According to each of the statements 1, 1, 2, 1, 1, 1, 1, 2012, the defendant waives his inheritance to the effect that the defendant renounces the deceased D's inheritance on July 5, 2012 by the Seoul Family Court 2012-Ma5647.

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