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(영문) 수원지방법원 2016.11.24 2016가단22864

자동차소유권이전등록절차인수청구의 소

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1. The defendant is based on the transfer on July 12, 2007 from the plaintiff as to the motor vehicles listed in the separate sheet.

Reasons

Facts of recognition

On October 2006, the Plaintiff agreed to pay 3 million won from a lending business operator in the name of the Plaintiff on November 30, 2006, when the repayment of the borrowed money is delayed, the Plaintiff borrowed 3 million won from the lending business operator in the name of the Plaintiff (hereinafter “instant vehicle”).

The Plaintiff delivered the instant automobile to the borrower in accordance with the agreement and delivered the documents necessary for the transfer of ownership to the lender.

The Plaintiff was unable to repay the borrowed money by the due date.

Since then, the instant motor vehicle was transferred before the transfer without the transfer registration, and the Defendant acquired the instant motor vehicle from a person with no personal knowledge on July 12, 2007 and used it without the transfer registration (from July 12, 2007 to July 12, 2008).

From 2008 to 2008, the Plaintiff was imposed KRW 4,589,910 in total with environmental improvement charges and various administrative fines as shown below.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 and 2, the fact inquiry about the tolerance market of this court, and the claim for the registration of transfer of ownership in the purport of the entire pleadings. ① The person who acquires a registered motor vehicle shall apply for the registration of transfer of ownership of the motor vehicle to the Mayor/Do governor as prescribed by Presidential Decree (paragraph (1)), where the transferee of the motor vehicle intends to transfer a motor vehicle again to a third party, he/she shall make the registration of transfer under his/her name before the transfer (paragraph (3)), and where the transferee of the motor vehicle fails to apply for the registration of transfer under paragraph (1), the transferee (the owner recorded in the register at the time of application for the registration of transfer) may apply for the registration of transfer in lieu of such transferee

(4) According to the above facts, the defendant is based on the transfer of the automobile of this case from the plaintiff on July 12, 2007.