logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.02.13 2014가단25831
버스인도등
Text

1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On July 2012, the Plaintiff purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and completed the registration of ownership transfer. The Plaintiff completed the registration of creation of a collateral security amounting to KRW 45,00,000 by borrowing KRW 45,000 from a more Bable Mutual Savings Bank (hereinafter “instant loan”). As a security, the Plaintiff completed the registration of creation of a collateral security amounting to KRW 45,00,000 with the maximum debt amount.

B. On July 2012, the Plaintiff entered into an agreement with B and B to pay a monthly fee of KRW 1,273,009, the principal and interest of the instant loan, instead of using the instant vehicle, and delivered the instant vehicle to B.

C. B and C pay to B money equivalent to the principal and interest of the instant loan, instead of running a business using the instant vehicle, and deliver the instant vehicle to C.

C around November 24, 2012, around November 24, 2012, concluded a contract between the Defendant and C to bear the remaining installments of the instant vehicle and to exchange the instant vehicle with the Defendant’s automobile (D). The instant vehicle was delivered to the Defendant.

Meanwhile, from November 24, 2012 to November 24, 2012, the Defendant occupied and used the instant motor vehicle.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 2-1, 2, 3, and 4, witness C, and testimony of each of Gap evidence 2-2

2. The assertion and judgment

A. (1) The Plaintiff purchased the instant motor vehicle and completed the registration of transfer thereof, and the Defendant occupied and used the instant motor vehicle as seen earlier. As such, the Defendant is obligated to deliver the instant motor vehicle to the Plaintiff, who is the owner of the instant motor vehicle.

(2) The judgment on the Defendant’s assertion (A) the Defendant lawfully acquired the instant vehicle from C by means of an exchange contract, and even if not entitled to dispose of the instant vehicle, the Plaintiff ratified the exchange contract with C.

arrow