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(영문) 수원지방법원 안산지원 2018.04.25 2017가단100
자동차소유권이전등기말소 등
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 12,00,000 and the interest rate of KRW 15% per annum from May 12, 2017 to the date of full payment.

Reasons

1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽8, 10호증(가지번호 포함), 을 4호증의 각 기재 또는 영상, 변론 전체의 취지 피고는 자동차관리법상 등록된 자동차매매업체인 법인이고, C는 피고 회사 ‘부장’ 직함으로 자동차매매 관련 업무를 담당하는 자이다.

① On December 29, 2015, the Plaintiff purchased D Motor Vehicle through C (hereinafter “instant Motor Vehicle”), and on December 30, 2015, the registration of transfer of ownership in the Plaintiff’s name was completed due to the transaction transfer by the buyer (the Plaintiff Company).

② Although the Plaintiff demanded C to repair any defect in black booms and seat open strings, the Plaintiff did not repair it, and C suggested C to commission C to sell the engine noise.

③ Accordingly, around October 20, 2016, the Plaintiff entrusted C with the sale of the instant vehicle at KRW 12 million. On October 26, 2016, the Plaintiff delivered the instant vehicle along with a certificate of personal seal impression for vehicle sale.

With respect to the instant motor vehicle, on October 26, 2016, the registration of transfer of ownership was completed on the ground of the transaction transfer by the buyer to the Defendant.

① The decision of prohibition of the provisional disposition against vehicle disposal (hereinafter “instant provisional disposition”) that the Plaintiff filed against the Defendant for the claim against the Defendant to cancel the transfer of the name of the automobile based on the invalidity of the sales contract as the preserved right was rendered on January 17, 2017.

② On January 17, 2017, the Defendant completed the registration of transfer of ownership on the instant motor vehicle to E as the cause of transaction transfer by the buyer.

③ The registration of the provisional disposition in this case was impossible due to the injury of the owner.

The plaintiff filed a complaint against F (the representative director of the defendant), C on suspicion of fraud, occupational embezzlement, etc., and the F was suspected of having rendered a final decision on December 27, 2017, and C is still pending in the criminal trial.

2. The assertion and judgment

A. The plaintiff's assertion by the party: The defendant company will act on consignment in collusion with C.

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