beta
Text
1. The defendant is based on the acquisition by transfer from the plaintiff on December 15, 2008 of the motor vehicles listed in the separate sheet.
Reasons
1. Facts of recognition;
A. On February 18, 2008, the registration of transfer of ownership was completed in the name of the Plaintiff on the automobiles listed in the separate sheet (hereinafter “instant automobiles”).
B. On November 19, 2008, the Plaintiff confirmed that 90,000 U.S. dollars were borrowed to the Defendant, and prepared a letter of loan stating that “I will pay 90,000 U.S. dollars not later than December 15, 2008, if I will not pay 90,000 U.S. dollars by December 15, 2008, I will transfer the ownership of the instant vehicle to the Defendant or to the person designated by the Defendant the documents necessary for the vehicle and the transfer of ownership without any defect until December 15, 2008, and will not change the name of all third parties until the above date (hereinafter “each of the instant letters”).
C. However, the Plaintiff did not pay USD 90,00 until December 15, 2008, the Defendant written a written statement stating that “I, on the same day, deliver documents necessary for the registration of transfer of ownership from the Plaintiff, and receive the instant vehicle from the Plaintiff in accordance with each of the instant written statements, and I, after December 19, 2008, will be held liable for all civil and criminal charges against the Plaintiff regarding various traffic penalties, violation of parking regulations, all traffic accidents, etc. on and after December 19, 2008.”
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, Eul 1, and 2, the purport of the whole pleadings
2. Determination
A. On December 15, 2008, it is reasonable to deem that there was an agreement between the Plaintiff and the Defendant on the transfer of ownership of the instant vehicle around December 15, 2008, in view of the following: (a) the content of the instant letter as revealed in the above facts of recognition, and the background leading up to the fact that the Defendant brought the instant vehicle to December 15, 2008, and that the Defendant promised to receive documents necessary for the registration of transfer of ownership from the Plaintiff at the time of bringing the instant vehicle to the Plaintiff.
(b) this;