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(영문) 수원지방법원 2017.12.21 2017나65111
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the following facts: Gap evidence 1 to 3, 9 to 12, Eul evidence 5 to 9, the testimony of the witness C at the trial and the purport of the entire pleadings as a result of the request for delivery of documents to the head of the Sungnam-si Vehicle Registration Office of this Court.

Plaintiff

On January 5, 2015, D, under the brokerage of E’s employees, a car sales business establishment, entered into a loan contract (hereinafter “the instant loan contract”) with a limited liability company (hereinafter “non-party company”), and entered into a mortgage contract with respect to the instant vehicle as KRW 28,400,00 with respect to the instant vehicle (hereinafter “the instant vehicle”). The transfer of ownership is registered under the joint name of Plaintiff B, a partner of D and D (hereinafter “the instant contract”), and entered into a contract with Hyundai Capital Co., Ltd. (hereinafter “the instant contract”). In order to secure the repayment of the said loan, D and B entered into a mortgage contract with respect to the instant vehicle as KRW 27,30,000,000 (hereinafter “the instant loan contract”).

B. On January 12, 2015, C on behalf of Nonparty Company filed an application for ownership transfer registration based on the instant sales contract and for ownership transfer registration based on the instant mortgage contract with respect to the instant vehicle at the vehicle registration office under the jurisdiction of the Defendant, and submitted the application for ownership transfer registration, mortgage creation registration, automobile transfer registration, D’s certificate of personal seal impression, Plaintiff B’s personal signature confirmation, and the power of attorney of Nonparty Company, respectively. The public official in charge of ownership transfer registration and mortgage creation registration belonging to the said vehicle registration office shall accept the said application and set the Plaintiff’s share of 99% and D’s share of the instant vehicle at 1%.

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