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(영문) 서울중앙지방법원 2017.09.14 2017가단5052661
제3자이의
Text

1. Seoul Central District Court 2017Kadan31610 against the Defendant’s Brazil Co., Ltd.

Reasons

1. Facts of recognition;

A. On September 14, 2015, the Plaintiff, a business proprietor of a facility leasing business, concluded a facility leasing lease agreement (hereinafter “the instant lease agreement”) with the acquisition cost of KRW 193,250,00, lease period of KRW 48 months, monthly lease amount of KRW 3,179,70 with respect to the vehicles listed in the separate sheet (hereinafter “instant vehicle”).

B. At the time of the instant lease agreement, the Plaintiff agreed to the Plaintiff that the ownership of the instant vehicle between the Brazil and the Plaintiff, and the Brazil agreed to only have the right to use the instant vehicle.

(See Article 3(2) of the Terms and Conditions applicable to the instant lease agreement. (c)

On February 13, 2017, the Defendant received the decision of provisional seizure of the instant vehicle by the Seoul Central District Court 2017Kadan31610 on February 13, 2017 (hereinafter “decision of provisional seizure”), and on February 15, 201, the registration of provisional seizure was entered in the register of automobiles with respect to the instant vehicle on February 15, 207.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 3 (including each number), and the purport of whole pleading

2. The assertion and judgment

A. Article 33(1) of the Specialized Credit Financial Business Act provides that a lessor may register a vehicle under the name of a lessee, notwithstanding the Construction Machinery Management Act or the Motor Vehicle Management Act. In the case of facility leasing of a vehicle, the ownership of the leased vehicle is reserved in the facility leasing company. However, according to practical and economic needs, the Automobile Management Act allows the lessee to bear various administrative duties on the maintenance and management of the vehicle and the liability for damages in the event of an accident, while allowing the lessee to register the vehicle for its convenience under the name of a lessee rather than the facility leasing company.

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