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(영문) 인천지방법원 2015.12.23 2014가단67583
자동차인도
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”), and Plaintiff A is the mother of Plaintiff B, and Defendant D is a person who engages in the secondary sales business under the trade name of “E”, and Defendant C is a secondary sales salesperson who is an employee of Defendant D.

B. On September 30, 2014, Plaintiff B, on behalf of Plaintiff A, advertised the instant vehicle to sell the instant vehicle to “SK”, which is an Internet medium-sized commercial site, and requested Plaintiff B to sell the instant vehicle to the name defecter who reported the said advertisement.

C. Defendant D proposed to purchase the instant vehicle by telephone from the person who was in the name of the deceased on the same day and sent the Defendant C and F, who is an employee, to purchase the instant vehicle, around 13:50 on October 2, 2014, at the Plaintiff’s parking lot located in Sinsan-dong, Busan-gu, U.S., and proposed to purchase the instant vehicle to the said Plaintiff after checking the instant vehicle.

Defendant C, through Defendant D, confirmed that the purchase price of the instant vehicle was transferred to an enterprise bank bank account in the name of the Plaintiff, designated by the Nonindicted Party B, with the purchase price of KRW 28.8 million, was deposited with the Plaintiff, and the Plaintiff entered a motor vehicle transfer certificate (No. 4; hereinafter “instant transfer certificate”) stating the purchase price of KRW 28.8 million with the Plaintiff, and received the Plaintiff B’s key to the instant motor vehicle, the registration certificate, the document necessary for the transfer of the name, the Plaintiff’s certificate

E. However, the plaintiff B filed a complaint against the plaintiff B, who did not deposit the above purchase price with the national bank bank account under the name of the plaintiff A, for fraud while requesting the defendants to return the instant automobile and the documents.

F. Defendant D completed the transfer registration of ownership on the instant motor vehicle with documents necessary for the transfer registration of ownership, such as the instant transfer certificate, which was held on October 6, 2014, and the instant motor vehicle.

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