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Reasons
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(영문) 의정부지방법원고양지원 2019.07.10 2018가단96613
유체동산인도
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2018, the Plaintiff purchased the instant vehicle from D to 38,40,000 won and completed the ownership transfer registration on May 21, 2018, and on the same day, received 39,000,000 won from E Co., Ltd. (hereinafter “the instant vehicle”) with a conditional repayment for 48 months in installments (hereinafter “the instant vehicle”), and delivered the instant vehicle acquired from D to the Defendant B, by paying the sales amount, to the Plaintiff, if the Plaintiff purchased the instant vehicle under the name of the Plaintiff, and then transferred the vehicle to transfer its name and succeed to the installment payment after three months thereafter.

B. On July 11, 2018, Defendant B leased the instant motor vehicle to Defendant C with a deposit of KRW 10 million, the period of KRW 3-6 months (hereinafter “instant lease contract”); Defendant B did not refund KRW 10 million up to the present day, and Defendant C continued to occupy the instant motor vehicle.

C. Defendant B, unlike the initial promise, did not bear the obligation of the instant loan and did not take over the ownership transfer registration of the instant vehicle from the Plaintiff, bears the tax or fine for negligence imposed on the instant vehicle as well as the repayment of the instant loan.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Claim against Defendant C

A. Since the Plaintiff alleged by the Plaintiff is also liable for the tax and administrative fine imposed on the instant motor vehicle, the actual owner of the instant motor vehicle is the Plaintiff, and even if the Plaintiff is the trustee of title trust, Defendant B, who is only the truster of the instant motor vehicle, is not entitled to dispose of the instant motor vehicle. Thus, the instant lease agreement becomes null and void, and the Defendant C raises objection to the Plaintiff.

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