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(영문) 광주지방법원목포지원 2017.08.31 2016가합610
운수사업명의변경 등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant is from June 3, 2017 to KRW 13,00,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 8, 2009, the Plaintiff purchased the instant automobile owned by the Defendant from the Defendant for KRW 13 million.

(hereinafter “instant sales contract”). B.

On January 23, 2017, the Defendant completed the registration of transfer of ownership to C, and C, January 25, 2017, to Honam Regular Cargo Co., Ltd.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 10-3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) In the first place, the Defendant is obligated to implement the procedure for the ownership transfer registration of the instant automobile in accordance with the instant sales contract and deliver the instant number plate to the Plaintiff. 2) In the second place, the Defendant is obligated to pay the Plaintiff KRW 13 million as damages for nonperformance of the obligation to transfer the ownership of the instant automobile and the instant number plate, and damages for delay.

B. According to the above facts, the instant sales contract between the Plaintiff and the Defendant was effective. Thus, the Defendant is obligated to implement the procedure for ownership transfer registration for the instant automobile on June 8, 2009 with respect to the Plaintiff. (2) However, since the Defendant had completed the ownership transfer registration with respect to the instant automobile to a third party on or around January 23, 2017, the Defendant’s obligation to perform the procedure for ownership transfer registration was impossible.

3. In addition, according to the relevant provisions including Articles 10 and 16 of the Automobile Management Act, the registration number of a motor vehicle is given by the Mayor/Do Governor for the management of the motor vehicle in accordance with the Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the registration number plate bearing the registration number is merely attached and sealed to the motor vehicle, so it cannot be deemed that the right to use the registration number plate or the registration number plate belongs exclusively to the individual.

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