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(영문) 대전지방법원논산지원 2015.06.25 2015가단20486
자동차소유권이전등록 인수청구권등
Text

1. The Defendant is limited to the cause of sale on April 30, 2013 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

Facts of recognition

A. On April 30, 2013, the Plaintiff sold a motor vehicle listed in the attached list (hereinafter “instant motor vehicle”) to the Defendant at the price of three million won and delivered the instant motor vehicle on the same day. By August 30, 2013, the Plaintiff received full payment from the Defendant for the purchase price.

B. However, the Defendant operated the instant motor vehicle without accepting the transfer of ownership registration even after being urged several times by the Plaintiff. During that period, the Defendant imposed an administrative fine of KRW 64,000 on the Plaintiff on the wind, which is discovered by violating the parking and stopping regulations twice on November 24, 2014 and February 4, 2015.

C. In addition, when the Defendant’s operation of the instant automobile without purchasing the liability insurance, imposed an administrative fine of KRW 977,400 on the Plaintiff, the Plaintiff concluded a liability insurance contract with Samsung Fire and Marine Insurance Co., Ltd. for the insurance period from March 19, 2015 to September 18, 2015 with respect to the instant automobile, and paid KRW 503,490, in order to prevent any further imposition of the administrative fine.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, and the purport of the whole pleadings

A. According to the above facts, the Defendant, the buyer, is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff, the seller, on April 30, 2013.

B. In addition, according to the above facts, the Plaintiff suffered damages equivalent to the total of KRW 64,00,000, KRW 977,400, KRW 503,490, and KRW 1,544,890, which are the sum of KRW 1,590, and KRW 1,544,09, and KRW 503,490, due to the Defendant’s nonperformance of the obligation to accept the registration of transfer of ownership as above, and thus, the Defendant is liable to compensate the Plaintiff

Although the Plaintiff asserts that its damage was 1,560,890 won, the damage was incurred exceeding the total amount of 1,544,890 won.

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