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(영문) 대구지방법원김천지원 2020.10.14 2019가단34875
명의이전등록 말소등록절차이행
Text

1. The defendant shall be the plaintiff.

A. On April 12, 2019, regarding the motor vehicles listed in the separate sheet, the Gu-si vehicle registration office.

Reasons

1. The following facts do not conflict between the parties, or each of the statements in Gap evidence 1, 2, 3, 4-1, 2, 5-1, 5-5, 1, 2, 10-1, 2, 10-2, 10-1, 1, 2, 1, 1, 2-2, 1, and 2, can be acknowledged in full view of the purport of the pleadings.

A was hospitalized in the E Hospital located in Seodaemun-gu Seoul Metropolitan Government on October 22, 2018 and was hospitalized on November 4, 2018, and repeated discharge after discharge on November 4, 2018. On April 7, 2019, A hospitalized in the E Hospital and received hospitalized treatment until April 18, 2019.

B. Meanwhile, on March 27, 2019, the registration of the transfer of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) was completed under the name A on March 27, 2019, but the Defendant issued A’s certificate of the personal seal impression with A’s agent around April 12, 2019, when he/she was hospitalized, and then delegated A to the administrative office, an application for the registration of transfer of the instant motor vehicle to the administrative office of the instant motor vehicle (hereinafter “the instant certificate of the transfer of a motor vehicle”) by allowing A to prepare a certificate of the transfer of a motor vehicle stating “A transfers the instant motor vehicle to the Defendant at KRW 10,00,000,000.”

C. On April 12, 2019, according to the Defendant’s delegation, the registration of transfer of the name in the name of the Defendant was completed on the ground of “transfer of the party transaction as of April 12, 2019” (hereinafter “registration of transfer of the name of this case”).

A around August 14, 2019, a criminal complaint was filed against the Defendant on the grounds that the Defendant forged the power to issue a certificate of personal seal impression and the certificate of transfer of the instant vehicle and completed the registration of transfer of the instant vehicle. A was not subject to disposition of non-prosecution on November 26, 2019.

E. The Defendant currently occupies and uses the instant motor vehicle.

F. Meanwhile, A died on November 18, 2019, after the filing of the instant lawsuit, and was “the deceased” (hereinafter “the deceased”).

) Accordingly, F, a child, filed a declaration of renunciation of inheritance with the competent court (Tgu Family Court Kimcheon-si 2019Hun-Ma396).

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