beta
(영문) 청주지방법원충주지원 2014.06.25 2013가단10911

자동차등록명의변경절차

Text

1. The Defendant (Counterclaim Plaintiff) purchased and sold a motor vehicle listed in the separate sheet from the Plaintiff (Counterclaim Defendant) around May 2004.

Reasons

1. On May 2004, the plaintiff requested C to sell and purchase the motor vehicles listed in the separate sheet owned by C (hereinafter "the motor vehicle of this case"), and delivered all the documents necessary for the transfer of the motor vehicle of this case, from May 2004 to the closing date of argument of this case, the fact that the defendant occupied the motor vehicle of this case can be acknowledged by the parties or by the overall purport of the arguments, and the following facts recognized by the evidence are recognized by the above evidence, namely, it appears that the defendant continued to use the motor vehicle of this case for more than 10 years after the delivery of the motor vehicle of this case, and considering that the defendant continued to subscribe to the motor vehicle insurance of this case at around May 2004 after the closing date of argument of this case, it can be acknowledged that the defendant acquired the motor vehicle of this case around May 2004.

Meanwhile, Article 12(1) of the Automobile Management Act provides that "A person who acquires a motor vehicle registered shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor (hereinafter referred to as "registration of transfer") as prescribed by Presidential Decree (Article 12(1)); where a person who has acquired a motor vehicle intends to transfer a motor vehicle to a third party again, he/she shall file an application for the registration of transfer under his/her name (Article 12(3)); where a person who has acquired a motor vehicle fails to file an application for the registration of transfer under paragraph (1), a transferor (referring to the owner recorded in the register as at the time of the application for the registration of transfer) may file an application in lieu

In light of the purpose of these regulations, the automobile is the test.

참조조문