logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.06.24 2019가단543942
자동차소유권이전등록절차이행
Text

The defendant is based on the termination of title trust on March 19, 2019 with respect to the motor vehicles listed in the attached list to the plaintiff.

Reasons

1. On November 12, 2018, the Plaintiff entered into a sales contract with C to purchase a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) in which the accident occurred, as it is, at KRW 76 million. Around that time, the Plaintiff paid the purchase price in full to C, and received the instant vehicle from C.

The Plaintiff entrusted the Defendant with the sale of the instant vehicle in the name of “D” for the purpose of selling the instant vehicle after repairing the instant vehicle, and completed the transfer of ownership on November 14, 2018, with respect to the instant vehicle under the Defendant’s name for convenience.

On March 19, 2019, the Plaintiff sent a text message to the Defendant stating that “The Plaintiff shall transfer the ownership of the instant vehicle to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap 1 through 7, 9 evidence (including each number), the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, it is reasonable to view that the Plaintiff concluded a title trust agreement with the Defendant on the instant vehicle and completed the ownership transfer registration on the instant vehicle under the name of the Defendant, and on March 19, 2019, the Defendant expressed his intent to terminate the title trust through the foregoing text message. Therefore, the Defendant is obliged to implement the procedures for the ownership transfer registration on the instant vehicle on March 19, 2019 for the transfer of ownership on the ground of the termination of the title trust.

3. The defendant's argument regarding the defendant's assertion that, in order for a seller of a used vehicle to sell a used vehicle registered for goods under the relevant laws and regulations, the plaintiff can not implement the procedure for ownership transfer registration as to the pertinent vehicle without undergoing the aforementioned performance and condition inspection procedure under the relevant laws and regulations or the principle of good faith.

On the other hand, the relevant laws and regulations asserted by the defendant are.

arrow