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(영문) 대구지방법원포항지원 2015.03.17 2014가단304106
소유권이전등록
Text

1. The defendant is based on trade on August 4, 2009 with respect to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the ownership transfer registration under the name of the Plaintiff on May 28, 2002 on the part of the Plaintiff upon the Plaintiff’s request that the purchase name of the automobile be lent from the person under whose name the Plaintiff was not the party. However, the Plaintiff did not directly operate the instant vehicle.

B. After completing the registration of transfer of ownership of the instant vehicle in its name, the Plaintiff filed a report with the investigative agency on December 14, 2006, which was stolen from the Nam-gu Seadong at the port of port, in order to have various seizures due to the failure to pay local taxes on the instant vehicle.

C. On August 4, 2009, the Defendant purchased the instant vehicle at KRW 2,50,000,000 from the name defective boxes (the Defendant asserted that the Defendant is the trade intermediary C) to whom the right to sell and purchase the instant vehicle was delegated, and without the Plaintiff’s permission, entered into an automobile insurance contract with the insured as the Defendant from August 4, 2009 to August 4, 201, with respect to the instant automobile in the name of the Plaintiff between the Korea Commercial Damage Insurance Co., Ltd., Ltd., a registered titleholder of the instant vehicle, and operated the instant vehicle by June 201.

On July 2, 2014, the Plaintiff is the Defendant C.

As stated in paragraph (1), the defendant filed a complaint with an investigation agency on the ground that concluding an automobile insurance contract without the plaintiff's permission constitutes a crime of forging private documents, and the Incheon District Prosecutors' Office prosecuted the defendant on August 14, 2014 as a summary charge of forging private documents and uttering of private investigation documents.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the Defendant acquired the instant motor vehicle from the person who was requested to sell the instant motor vehicle from the person under title trust, the first purchaser, or the person who acquired the instant motor vehicle before it, and therefore, it is recorded as the owner on the register.

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