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笔者在司法实践中曾经遇到过这样一个案例:甲有汽车一辆欲出卖,当时价值13万元,甲与乙达成一约定保留所有权的买卖合同,约定:车价15万元,分季付款,首期付款3万元后由乙占有使用该汽车,以后每季付款3万元,在全部价款付清时,办理汽车的过户手续.合同签订后,乙支付了第一期价款并取得汽车,后乙一直按约付款,没有出现违约情况。至第三季度,甲由于资不抵债宣告破产。破产清算组欲取回汽车作为破产财产,为此乙与清算组产生争讼,诉至法院。
I have encountered in the judicial practice such a case: A car for sale, a value of 130,000 yuan, A and B reached an agreement to retain ownership of the contract, the agreement: the price of 150,000 yuan, quarterly payment , After the first payment of 30,000 yuan by the B possession of the use of the car, the next quarterly payment of 30,000 yuan, the full price paid, the car transfer procedures.After signing the contract, B paid the first price and obtain a car After B has been paid by contract, there is no default. By the third quarter, A declared bankrupt due to insolvency. Bankruptcy liquidation group want to get back the car as a bankruptcy property, for which B and the liquidation group have a lawsuit filed, sued the court.