logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.08.17 2016가단995
소유권이전등록
Text

1. The defendant has an agreement on payment in kind on March 10, 2008 with respect to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the written evidence Nos. 1 through 8 of the claim for registration of transfer of ownership, C borrowed KRW 10 million from the Defendant on March 10, 2008, and delivered documents necessary for the transfer of a motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) where C fails to repay the borrowed money, and C died on May 26, 2014 when C did not repay the borrowed money, and his spouse and children, who are the first-class inheritor, were given up inheritance, following C’s renunciation of inheritance.

According to this, the defendant is obligated to take over the ownership transfer registration procedure based on the payment agreement on March 10, 2008 with respect to the instant automobile from the plaintiff. Thus, the plaintiff's claim for this part is justified.

2. The Plaintiff asserts that the Defendant, while occupying and operating the instant motor vehicle without filing for the transfer of ownership, was subject to the imposition of various fines for negligence to the Plaintiff or C, even though he/she transferred the instant motor vehicle to the Defendant, the Plaintiff asserts that the Defendant is liable to pay the fine for negligence.

However, even if the Plaintiff received the aforementioned confirmation judgment, the obligation to pay taxes and public charges imposed by the administrative agency to the Plaintiff or C is not transferred to the Defendant. Thus, the confirmation judgment cannot serve as the most effective and appropriate means to eliminate the Plaintiff’s legal status unstable risks, and thus, this part of the claim is unlawful due to the lack of interest in confirmation

3. According to the conclusion, the part concerning the Plaintiff’s claim for the acquisition of transfer of ownership registration procedure for the instant automobile is cited, and the part concerning the claim for confirmation of the obligation to pay fines

arrow