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(영문) 수원지방법원 2016.10.20 2016가단10977
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. The Plaintiff responded to the purport that the deposit would be made.

On December 13, 2015, the Defendant, who was scheduled to purchase the instant vehicle from C, deposited KRW 44,30,000 into the account of C in December 13, 2015, and C transferred KRW 41,00,000 to E’s account marked on his mobile phone, from among the money deposited as such at 13:23:51 of the same day on the same day.

E. As above, the Plaintiff, along with C’s employees, was issued a certificate of seal impression for the sale of motor vehicle with the Suwon-dong community service center in the vicinity of the said trading complex.

C intending to register the transfer of ownership under the name of the Defendant immediately without registering the transfer of ownership in its own name. As such, C sent text messages stating that the Plaintiff should write the Defendant as the purchaser on the certificate of personal seal impression.

“* buyer’s personal information* Name B, resident registration number G, address Suwon-si, Gyeonggi-do Suwon-si (I)”

F. When applying for issuance of a certificate of personal seal impression for automobile sales, the Plaintiff entered the Defendant’s personal information delivered by C as above with the purchaser’s personal information, and accordingly, the purchaser was issued a certificate of personal seal impression for automobile sales at 13:34:10:00 on the same day.

G. The Plaintiff, which returned to the above trading complex at the above Dong-dong community service center, issued a certificate of personal seal impression issued to C as above.

However, around that time, the Plaintiff became aware of the fact that the purchase price of the instant vehicle was not deposited in its own account (the Plaintiff seems to have expected to receive KRW 51 million as the final sale price after undergoing other accounts). Accordingly, the Plaintiff and C requested the suspension of payment of the E account in which the said purchase price was deposited as Nonghyup, but the money already deposited in the said purchase price was withdrawn.

(h)..

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