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(영문) 인천지방법원부천지원 2015.09.23 2015가단14800
자동차소유권이전등록
Text

1. Defendant B caused the termination of the title trust on June 11, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Part of the claim against the defendant B (main claim)

A. On June 2012, the Plaintiff and Defendant B agreed to trust the ownership of the instant automobile to the Plaintiff, and on June 27, 2012, the Plaintiff completed the ownership transfer registration under the Plaintiff’s name on the instant automobile. (2) The Plaintiff terminated the instant title trust agreement on June 11, 2015 on the grounds that the instant automobile was in arrears with the purchase price of the instant automobile, the imposition of fines for negligence due to the violation of various laws and regulations during the instant automobile operation process.

[Reasons for Recognition] Article 150(3) and (1) of the Civil Procedure Act

B. According to the above facts of recognition, Defendant B is obligated to take over from the Plaintiff the transfer of ownership registration procedure on June 11, 2015 with respect to the instant motor vehicle.

2. Part of the claim against Defendant C (Preliminary Claim)

A. It is presumed that Defendant C purchased the instant motor vehicle from Defendant B and operated the instant motor vehicle after purchasing the instant motor vehicle.

Therefore, Defendant C is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff upon the Plaintiff’s request subrogated by Defendant B.

B. As seen in paragraph (1) above, insofar as Defendant B bears the obligation to take over the transfer registration procedure for the instant automobile from the Plaintiff, Defendant C cannot be deemed to have the obligation to take over the transfer registration procedure for the instant automobile immediately from the Plaintiff, not Defendant B.

3. For the same reasons as above, the plaintiff's claim against the defendant B is accepted on the ground of the reasons, and the plaintiff's claim against the defendant C is decided as per the Disposition on the ground of the lack of reason.

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