(영문) 청주지방법원 2019.01.25 2018나726 | 리걸엔진

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(영문) 청주지방법원 2019.01.25 2018나726

손해배상(기)

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1. The part against Defendant C in the judgment of the first instance shall be revoked.

The plaintiff's claim against the defendant C is dismissed.

2...

Reasons

1. Facts of recognition;

A. On March 25, 2016, the Plaintiff and Defendant C drafted a sales contract with respect to the E-Vehicle (hereinafter “instant vehicle”) the Plaintiff completed the transfer registration under the name of D on June 7, 2013 (hereinafter “instant vehicle”). On the same day, the Plaintiff and the Defendants drafted a sales contract with the transferor as “D”, the transferee as “C”, and the sales contract with the purchase price of KRW 32,00,000,000, in which the instant transfer certificate and the said sales contract are written in the upper part of the part, and the lower part of the sales contract with respect to the instant vehicle.

B. At the time of the conclusion of the above sales contract on the instant vehicle (hereinafter “instant sales contract”), the buyer agreed to take over the remaining installment payment on the instant vehicle in lieu of the buyer’s payment of KRW 20,000,000 out of the sales price.

C. On March 25, 2016, Defendant B prepared and delivered to the Plaintiff a loan certificate stating that “12,00,000,000 of the instant vehicle sales amount shall be paid in cash after completion of the construction” (hereinafter “the instant loan certificate”). At that time, Defendant B received the instant vehicle from the Plaintiff according to the instant sales contract.

The Plaintiff registered the transfer of ownership in the name of Defendant C with respect to the instant vehicle in accordance with the instant sales contract.

Since then, in the name of Defendant B, the ownership transfer registration was completed with respect to the instant vehicle under the name of Defendant B’s wife, and around June 2018, the instant vehicle was transferred to H.

E. The registration of ownership preservation was completed on August 25, 2016 with respect to buildings located in the FF in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 through 3, 5 through 7 (including, if any, various numbers are included), significant facts in this court, the purport of the whole pleadings

2. Determination

A. Defendant B alleged by the Plaintiff.

유사 판례

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-서울남부지방법원 2018.11.16 2017가합107989

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