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(영문) 창원지방법원마산지원 2019.12.19 2019가단3069
명의신탁해지를 원인으로한 자동차이전등록
Text

1. The Defendant terminates the title trust from the Plaintiff on August 10, 2019 on the motor vehicle indicated in the separate sheet.

Reasons

1. On September 2017, the Plaintiff and the Defendant entered into a title trust agreement with respect to the instant motor vehicle as indicated in the Disposition No. 1 (hereinafter “instant motor vehicle”). Accordingly, the Plaintiff completed the ownership registration of the instant motor vehicle.

However, as the Plaintiff terminated the above title trust agreement on August 10, 2019, the Defendant should take over the transfer registration procedure for the instant automobile from the Plaintiff.

In addition, the Defendant is obligated to pay to the Plaintiff the environmental improvement charges, speed violations, and automobile taxes imposed by the Defendant from January 2019 to June 2019, which were imposed by the Defendant during the use of the instant vehicle, to KRW 340,660 in total, and delay damages therefor.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. On November 20, 2019, the Plaintiff filed a claim for the payment of damages for delay as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint to the day of full payment. However, the Plaintiff’s claim for the payment of damages for delay as stated in the Disposition No. 2 (2) through the claim of November 20, 2019 and the application for modification of the cause of the claim. As such, the damages for delay as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings may arise from the day following the delivery of the claim and the application for modification of the cause of claim

Therefore, the plaintiff's claim for damages for delay is dismissed.

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