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(영문) 대구지방법원 2015.07.03 2014나20842
자동차 명의이전등록말소 및 인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for cancellation of ownership transfer registration and the claim for damages against the Defendant, as the principal lawsuit, concerning an automobile listed in the separate sheet as the principal lawsuit (hereinafter “instant automobile”). The Defendant filed a claim for damages against the Plaintiff as a counterclaim.

The court of first instance accepted the plaintiff's claim for cancellation of ownership transfer registration and the claim for extradition, and dismissed each claim for damages filed by the plaintiff and the defendant.

Since only the defendant appealed against this, the subject of this Court's judgment is limited to the plaintiff's claim for cancellation of ownership transfer registration, the claim for extradition, and the claim for damages of the defendant who is a counterclaim.

2. Basic facts

A. As to the instant automobile owned by the Plaintiff, the Defendant completed the procedure for registration of transfer of ownership (hereinafter “registration of transfer of ownership”) as stated in the purport of the principal lawsuit, and occupies it until now.

B. Around December 2013, the Plaintiff’s husband, registered the instant automobile with “E”, a trading site on the Internet, which is a shopping mall.

C. Around 12:00 on December 10, 2013, D called “the instant vehicle will be sold in KRW 32,500,000” from a person who was named in the name of the deceased. Around December 12, 2013, D was called to the effect that “The instant vehicle will be sold in KRW 32,50,000. There was a high-ranking commercial person who cooperates with the Gu and the Gu and

The defendant is the representative of the F Company operating the used car sales business, and G is substantially operating the F Company.

G around 10:00 on December 11, 2013, around 10:00, after receiving a telephone call from the above person under the name of the deceased, "I think that I would purchase one vehicle of Ecuas," and confirmed a positive answer. At around 15:00 on the same day according to the guidance of the person under the name of the deceased.

E. D and G confirmed the appearance, etc. of the instant vehicle, etc. at the same time under contact with each other, and at this time, D themselves and G.

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