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(영문) 수원지방법원 2016.05.25 2015가단24719
자동차소유권이전등록절차이행
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) deliver one motor vehicle listed in the annexed list of motor vehicles;

Reasons

1. Facts of recognition;

A. On April 20, 2015, the Defendant posted a notice to the “C”, a website of the Internet, stating that a motor vehicle listed in the attached list owned by the Defendant (hereinafter “instant motor vehicle”) will be sold at KRW 25,500,000.

B. On April 20, 2015, the Defendant: (a) was a person who is operating a used vehicle brokerage business from a person without the name (hereinafter “person without the name”) and was phoneed to purchase the instant motor vehicle; (b) around April 11, 2015, the Defendant confirmed only the Defendant’s place of residence at the D apartment located in Suwon-si, Suwon-si, the Defendant’s place of residence, and decided to make a transaction after confirming the said vehicle.

C. Meanwhile, the Plaintiff is a person engaged in the trading of used cars with the trade name of “E”, and F is a person who works in E as a motor vehicle trader.

F. On April 20, 2015, on the one hand, the Defendant was asked to sell the instant vehicle under his own name at KRW 21 million, and on April 21, 2015, on the other hand, the Defendant was asked to directly check and deal with the Defendant in the vicinity of the Suwon apartment at KRW 11:00 on April 21, 2015.

E. Around 11:00 on April 21, 2015, the Defendant: (a) sent a telephone call with an unqualified person; (b) the person under whose name the phone name and address the phone name and resident registration number were sent as text messages; (c) issued a certificate of seal impression for sale; and (d) sent text messages containing A’s personal information after several minutes.

F. The name-free person calls again to the Defendant that he was unable to be present at the site, and that he would substitute for the employee.

G. Accordingly, around 12:00 on April 21, 2015, the Defendant met F and one other employee of the Plaintiff in the vicinity of the D apartment in Suwon-si. After checking the status of the instant vehicle, F calls to the person who was unaware of the name, and calls for reduction of the purchase price, and accordingly, determined the purchase price as KRW 20:5 million between the person who was unaware of the name.

H. On April 21, 2015, the Defendant is a person with no name, around 12:55.

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