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The judgment below
Of the judgment of the court below, the part concerning the transfer of ownership registration and the claim for expenses.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the transfer of ownership, the request for registration and the claim for expenses
A. The principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, means that it does not need to be linked to the formal and legal rules of evidence, and does not allow a judge’s arbitrary judgment. Thus, the recognition of facts shall be in accordance with logical and empirical rules based on the principle of justice and equity, based on the admissibility of evidence that has undergone lawful evidence examination procedures, and even if fact-finding belongs to the discretion of a fact-finding court, it shall not exceed the said limit (see, e.g., Supreme Court Decision 2009Da7198, 77204, Apr. 13, 2012).
The judgment below
According to the reasoning and the evidence duly admitted, the following facts are revealed.
(1) On May 201, the Defendants proposed that the Plaintiff will be responsible for the repayment of the loan if the loan was granted KRW 39 million from the Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) by registering a motor vehicle listed in the [Attachment] of the lower judgment (hereinafter “instant motor vehicle”) in the Plaintiff’s name and obtaining the loan from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”).
(2) Accordingly, on May 21, 201, the Defendants borrowed KRW 39 million from Hyundai Capital Capital as a joint and several surety for the Plaintiff’s principal debtor and Defendant C’s East Eastern Capital as a loan for the second and second loan for the purchase of the loan. On May 25, 2011, with respect to the instant vehicle, the registration of transfer of ownership in the Plaintiff’s name and the registration of mortgage in the name of Hyundai Capital for securing the above loan obligation was completed.
(3) Meanwhile, on March 1, 2013, when the trial of the first instance was in progress, the Defendants repaid all of the above loans to the Hyundai Capital Capital.
C. According to the above facts, the instant vehicle under the name of the Plaintiff with the Plaintiff’s consent.