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(영문) 서울남부지방법원 2017.07.06 2016가단38775
자동차소유권이전이행
Text

1. The defendant shall be the plaintiff.

A. As to the motor vehicles listed in the separate sheet, it is based on the transfer contract on June 11, 2015.

Reasons

1. Basic facts

A. The Defendant asserted that B (the manager of the Plaintiff) purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and entrusted the name to the Defendant, and received a favorable judgment on April 30, 2015 by filing a lawsuit (Seoul Southern District Court 2014Da59617) against B to terminate the title trust agreement and to accept the transfer of ownership registration procedure for the instant motor vehicle.

B. The Defendant agreed to transfer the instant vehicle to the Plaintiff, and drafted a transfer document on June 11, 2015.

C. After June 25, 2015, the Defendant prepared and sent to the Plaintiff a letter of confirmation of the following contents:

(Agreement based on the above confirmation note (hereinafter “instant agreement”). The Defendant is not B but the transfer of ownership registration procedure based on the termination of title trust on February 12, 2015 due to the final and conclusive judgment of Seoul Southern District Court Decision 2014Kadan59617, Seoul Southern District Court Decision 2014.

The defendant and B shall be transferred to the request for the transfer of name by agreement between the defendant and B, and all the previous civil and criminal responsibilities (all expenses, etc.) shall be borne by the defendant and B, and the representative director C shall not be fully responsible.

After the transfer, all the responsibilities shall be borne by the plaintiff.

The defendant shall not request a civil or criminal trial against the plaintiff in relation to the transfer of vehicles.

The Defendant registered the instant vehicle as a substitute and recovered it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, according to the transfer contract dated June 11, 2015, the defendant is obligated to implement the procedure for the registration of transfer of ownership on the instant motor vehicle and deliver the instant motor vehicle to the plaintiff.

B. As to the Defendant’s assertion, the Defendant paid on behalf of the Defendant the aggregate of KRW 1,766,190 in automobile tax from 3,167,421, and from 2012 to 2015, and KRW 194,800 in automobile tax, and KRW 55,200 in automobile tax.

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