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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) the entry of the evidence Nos. 1 and 3; and (c) the purport of the entire pleadings as a result of the fact inquiry by
On July 25, 2012, the Plaintiff registered the creation of a mortgage, along with the registration of transfer of the title to the Plaintiff as the owner, with the registration of transfer of the title, with respect to the instant motor vehicle as a collateral security company, with the claim amounting to KRW 11.8 million.
B. As to the instant motor vehicle, the Defendant subscribed to the automobile insurance and the automobile insurance with the insurance period from September 20, 2012 to September 20, 2013, respectively, from September 20, 2013 to September 20, 2014.
2. The parties' assertion
A. (1) around July 25, 2012, the Plaintiff: (a) requested the sale of the instant motor vehicle through Nonparty C, and delivered the instant motor vehicle with all documents necessary for the sale; (b) the Defendant purchased the instant motor vehicle through C and obtained possession transfer; and (c) accordingly, the Plaintiff is obliged to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff pursuant to the relevant statutes.
B. The Defendant asserted that on September 20, 2012, the Defendant leased KRW 6.7 million to Nonparty D and occupied the instant vehicle as collateral, which received money from D after the first month, and that the Defendant purchased the insurance was the request of D, and the insurance money was paid by D, and the Defendant did not purchase the instant vehicle.
3. The judgment becomes effective when one of the parties has agreed to transfer the property right to the other party and the other party has agreed to pay the price (Article 563 of the Civil Act). There are various circumstances revealed in the pleadings of this case, namely, ① the Plaintiff did not express his/her intention to sell the motor vehicle of this case directly or by himself/herself, and clearly specify who has expressed his/her intention to do so.