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(영문) 수원지방법원 2018.08.24 2017가단38545
자동차소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 16, 2010, the Plaintiff completed the ownership transfer registration for the instant automobile, and is currently the nominal owner on the instant automobile registry.

B. On August 21, 2012, the Plaintiff offered the instant automobile as security to the credit service provider C (D) and borrowed KRW 3,500,000 (hereinafter “instant loan”), and around that time, delivered the instant automobile.

C. C: (a) the Plaintiff failed to repay the instant loan by November 21, 2012, the due date; (b) around December 11, 2012, transferred the instant loan to the Defendant, which was a collateral, while transferring the instant loan loan to the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 2, and 3, the purport of the whole pleadings and arguments

2. On May 23, 2012, the Plaintiff asserted that the Plaintiff: (a) borrowed KRW 3,00,000 from a credit service provider under an in-house name and agreed to pay interest of KRW 200,000 per month; (b) provided the instant vehicle as security for transfer; and (c) issued a vehicle waiver note, a vehicle transfer certificate, and a certificate of personal seal impression with the Plaintiff’s personal seal impression affixed as required by the

As the Plaintiff failed to repay the borrowed money, the credit service provider appears to have acquired ownership of the instant vehicle and disposed of it to a third party, and such deferred payment seems to have been distributed from the credit service provider to the Defendant.

Since there was an implied agreement between the Plaintiff, the credit service provider, the intermediary in the process of pre-distribution, and the Defendant on the interim registration of the omission of the transfer of ownership of the instant vehicle, the Defendant is obligated to take over the transfer of ownership registration procedure for the instant vehicle from the Plaintiff at the latest on April 17, 2013.

3. In order to acquire the right of transfer of security as an alternative security for an automobile subject to the Automobile Management Act, registration procedures under the Automobile Management Act shall be conducted.

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