(영문) 의정부지방법원 고양지원 2018.10.17 2017가단17224

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(영문) 의정부지방법원 고양지원 2018.10.17 2017가단17224

자동차소유권이전등록

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1. The defendant is based on the sale on November 9, 2001 as to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On November 9, 2001, the Plaintiff, through husband C, sold a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant (hereinafter “instant sale”).

B. On the other hand, on November 19, 2001, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 15 million at the claim value with D as the right holder on the instant automobile was completed, and the instant right to collateral security was cancelled on October 12, 2017.

C. The Defendant transferred the instant motor vehicle to a third party on or around 2004, and thereafter, the third party or the third party on or after the operation of the instant motor vehicle, various taxes and public charges, including fines for negligence, are imposed on the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the Defendant, the buyer of the instant automobile, is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff, the seller, on November 9, 2001.

3. Defendant’s assertion and judgment

A. The Defendant asserts to the effect that the Plaintiff completed the registration of the establishment of the instant right to collateral security after the instant sales contract. The Defendant asserts to the effect that the instant automobile constitutes a case where the purpose of the instant contract could not be achieved significantly in excess of the age limit for the automobile, and thus, the instant sales contract of the briefs dated June 21, 2018 on the ground of the Plaintiff’s nonperformance

First of all, there is no evidence to acknowledge whether the defendant exercised his right of rescission of his claim since November 2001, when the registration of creation of the right to collateral security of this case was completed.

Furthermore, regarding the legality of the exercise of the right of rescission by the service of the legal brief on June 21, 2018 in this case.

유사 판례

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-의정부지방법원고양지원 2015.02.05 2014가단10413

-서울북부지방법원 2014.05.13 2013나6962