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(영문) 서울북부지방법원 2015.10.13 2015가단10698
자동차소유권이전등록절차인수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that, on the premise that there was an agreement on payment in kind between the Defendant and the Defendant on July 12, 2010, the Defendant should take over the procedure for ownership transfer registration as to the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”).

2. Determination of accord and satisfaction refers to the obligor’s performance of other obligations on behalf of the existing obligation. The mere fact that the Defendant simply remitted 3.2 million won to the Plaintiff’s deposit account (Evidence A 2), it is difficult to view that there was an agreement between the Plaintiff and the Defendant on the accord and satisfaction with the content of transferring the instant vehicle to the Defendant in lieu of the repayment thereof on July 12, 2010, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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