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(영문) 광주지방법원순천지원 2016.08.12 2015가단71126
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On November 24, 2004, the Plaintiff completed the transfer registration (receiving number C) with respect to the period B (hereinafter “the instant construction machinery”).

B. However, on October 5, 2009, D forged a construction machinery transfer certificate under the Plaintiff’s name (hereinafter “transfer certificate”) and power of attorney, and filed a report on the transfer of construction machinery (hereinafter “the instant transfer report”) with the Defendant’s vehicle registration office. The public official E belonging to the above registration office accepted the transfer registration and entered D’s transfer registration on October 5, 2009 into the instant construction machinery register by mistake instead of entering D’s transfer registration (receiving number C) on November 24, 2004 into the Plaintiff’s transfer registration (receiving number) with D’s transfer registration (receiving number C) on November 24, 2004.

C. As to the instant construction machinery, F completed the registration of change of ownership (receiving number G) on March 25, 2014, and one Capital Capital Co., Ltd. (hereinafter “I Capital”) on April 18, 2014, respectively.

On October 29, 2014, the Plaintiff filed a lawsuit against Gwangju District Court 2014Kahap13847 against D, F, and One Capital, and received a favorable judgment against the said court on June 4, 2015 to cancel D’s transfer registration on the instant construction machinery, F’s transfer registration, F’s transfer registration, and F’s transfer of ownership, and one Capital Capital’s right to collateral security, respectively, and the said judgment became final and conclusive.

E. After July 28, 2015, the registration of the change of ownership in the name of the Plaintiff was completed with respect to the instant construction machinery on July 28, 2015, and the registration of the establishment of the right to collateral security was cancelled on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 10, 12, Eul evidence 1-1 to 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The plaintiff's assertion 1.

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