(영문) 광주지방법원해남지원 2015.11.05 2014가단20865

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(영문) 광주지방법원해남지원 2015.11.05 2014가단20865

매매대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 16, 2012, with respect to each dump truck listed in the separate sheet (hereinafter “each dump truck of this case”) owned by the Plaintiff, the registration of the establishment of mortgage was completed in the name of Hyundai Social Co., Ltd. (hereinafter “Moer Social”) on April 16, 2012, and the registration of the change of ownership was completed in the name of the Defendant on May 21, 2012.

B. Since the Defendant was unable to repay the mortgage-related obligations of each of the instant dump trucks, Hyundai Fumsman conducted a public auction procedure for each of the instant dump trucks with the consent of the Defendant.

C. After the process of the public auction, the Defendant completed the registration of change of ownership on each dump truck listed in paragraphs (1) and (2) of the attached Table on March 31, 2014 to C, and on June 24, 2014 to each dump truck listed in paragraph (3) of the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. As the cause of the instant claim, the Plaintiff sold each of the instant dump trucks to the Defendant on February 16, 2012 upon D’s introduction in total at KRW 240 million. Of the total price, KRW 120 million out of the total price shall be substituted by the Defendant’s acceptance of the Defendant’s obligation for installment payments for each of the instant dump trucks, and the remainder amount of KRW 120 million shall be paid until December 31, 2012, and the Defendant’s husband E was delivered with each of the instant dump trucks on the same day, and the ownership registration was completed on May 21, 2012 under the Defendant’s name on the same day, and filed a claim against the Defendant for payment of KRW 120 million out of the unpaid price of KRW 75 million and delay damages from May 4, 2013.

B. As to this, the Defendant asserted that D, not himself, purchased the instant dump truck from the Plaintiff, and that it only lent the loan and the ownership registration name to request D to lend its name, and that the Plaintiff was well aware of it.

3. Determination

A. Prior to the instant case, the preliminary examination was conducted.

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