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(영문) 부산지방법원 2020.08.20 2019가단324950
자동차이전등기 인수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 10, 1993, the Plaintiff sold the instant automobile to the Defendant on the same day by delivering documents necessary for the registration of transfer of automatic ownership through the automobile dealer, and accordingly, the registration of transfer of ownership was completed in the Defendant’s future on the same day.

B. After that, on November 11, 1994, the registration of ownership transfer (hereinafter “instant ownership transfer registration”) was completed in the future of the Plaintiff on the instant automobile.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff sold the instant motor vehicle to the Defendant via Plaintiff C, and around September 2014, the Plaintiff became aware of the fact that the ownership transfer registration was again made to the Plaintiff regardless of the Plaintiff’s intent on November 11, 1994.

On September 16, 2014, the Plaintiff reported the instant vehicle to substitute the instant vehicle with its prompt name, but did not find the vehicle. The Plaintiff’s property was seized due to the occurrence of a fine for negligence related to the instant vehicle.

On February 10, 1993, the Plaintiff had no legal act to acquire ownership of the instant vehicle, such as the purchase of the instant vehicle again after selling the instant vehicle to the Defendant on February 10, 1993.

Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff again on February 10, 1993.

B. The Defendant, like the Plaintiff, also requested the sale of the instant automobile by delivering documents necessary for the registration of transfer of automatic ownership to the automobile dealer and the key thereof, and did not have completed the registration of transfer of ownership again to the Plaintiff.

3. First, determination:

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