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(영문) 대구지방법원영덕지원 2014.10.28 2014가단1022
자동차소유권이전등록절차인수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The party's assertion and judgment

A. The plaintiff, around May 31, 1998, requested a third party (Seoul High-gun, Gyeongjin-gun) to sell and purchase the automobile of this case and transferred all documents and automobiles necessary for the transfer of the automobile of this case to the third party. Since the defendant purchased and operated the automobile of this case through the third party on May 31, 1998, he asserts that the defendant is obligated to take over the registration procedure of ownership from the plaintiff on the ground of transfer on May 31, 1998.

As to this, the defendant asserts to the effect that the defendant only purchased the automobile of this case from the automobile trading company located in Chungcheongbuk on July 17, 200, and that it did not purchase the automobile of this case from the plaintiff.

B. We examine whether the Defendant purchased the instant automobile from the Plaintiff or the Plaintiff upon request, and examine the purport of the entire pleadings in the statement No. 2 as to whether the Defendant purchased the instant automobile from the Plaintiff or the Plaintiff, the Defendant entered into an insurance contract with the Il Fire Marine Insurance Co., Ltd. around July 18, 200 and recognized the fact that the instant automobile was operated.

However, the above facts alone are insufficient to recognize that the defendant purchased a motor vehicle from the plaintiff or the plaintiff who requested the sale of the motor vehicle, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

C. Even if the Plaintiff’s assertion was made to the effect that the Defendant acquired the ownership transfer registration procedure directly from the Plaintiff or a third party upon request of the Plaintiff, rather than directly purchasing and selling, in such a case, the Plaintiff, the first transferor, intended to claim the acquisition of the ownership transfer registration procedure directly to the final transferee, there was an agreement from the Plaintiff to the final transferee regarding the ownership transfer registration in the form of interim omission registration.

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