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(영문) 광주지방법원 2018.08.28 2018가단506082
소유권이전등록
Text

1. The Defendants, from the Plaintiff, share of the Plaintiff on the motor vehicle listed in the separate sheet, and Defendant B, from Defendant B, share of 3/5.

Reasons

1. Facts of recognition;

A. On December 5, 2014, the Plaintiff and D had reported their marriage on December 5, 2014, and were married for six months, and they were married for consultation on March 18, 2016.

B. On April 17, 2015, D purchased automobiles listed in the separate sheet (hereinafter “instant automobiles”) and the creditors are likely to seize the instant automobiles and enforce compulsory execution. As such, D requested the Plaintiff to request the Plaintiff to accept 50% of the ownership shares of the instant automobiles in the name of the Plaintiff.

C. Accordingly, on April 17, 2015, the Plaintiff and D completed the registration of transfer of ownership on the instant automobiles one-half each, and D operated the instant automobiles alone.

Upon the imposition of various penalty notice in relation to the instant vehicle, the Plaintiff expressed his/her intent to terminate the title trust agreement by demanding D to transfer the ownership shares trusted in the name of the Plaintiff from June 2015 to D.

D has promised to transfer the name, but failed to comply with it.

E. D died on May 29, 2017.

Defendant B’s spouse and Defendant C are children of Defendant D.

[Reasons for Recognition] Entry of Evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the title trust agreement between the Plaintiff and D on the instant automobile was lawfully terminated.

Therefore, the Defendants, the inheritor of D, are obligated from the Plaintiff to perform the procedure for acquisition of ownership transfer registration due to the termination of each title trust contract (as to the shares of Defendant B 3/5, as to the shares of Defendant C, and the shares of Defendant C 2/5) with respect to the shares of the Plaintiff on the instant motor vehicle.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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