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(영문) 부산지방법원동부지원 2014.05.14 2013가단16055

자동차소유권이전등록절차인수

Text

1. The defendant is based on the acquisition on January 17, 2004 from the plaintiff as to the motor vehicles listed in the separate sheet.

Reasons

1. In full view of the evidence No. 1 and No. 1 of the judgment as to the cause of the claim, and the purport of the whole pleadings as to the automobile listed in the separate sheet No. 1 of this court as of January 7, 2003 (hereinafter “instant automobile”) after completing the ownership transfer registration, the Plaintiff requested a third party on Jan. 7, 2004 to sell the instant automobile and delivered all documents necessary for the registration of the ownership transfer. The Defendant acquired the instant automobile and entered into a comprehensive automobile insurance contract with the fire marine insurance company of this case as the insured on Jan. 17, 2004, and then operated it thereafter.

According to the above facts, the defendant is obligated to take over the transfer registration procedure for the automobile of this case from the plaintiff who is the registered owner of the automobile register on January 17, 2004.

2. As to the judgment on the Defendant’s assertion, the Defendant did not have purchased the instant vehicle from the Plaintiff, and the Defendant did not own the instant vehicle from the time when it transferred the instant vehicle to a third party around January 17, 2007, and accordingly, the person who takes over the transfer registration procedure of the ownership transfer of the instant vehicle from the Plaintiff shall be deemed to have entered into an automobile insurance contract, not the Defendant, but to have been operating the instant vehicle.

The transferee of a motor vehicle shall apply to the Mayor/Do governor for the registration of transfer of the ownership of the motor vehicle, and where the transferee of a motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for the registration of transfer on behalf of the transferee (Article 12 (1) and (4) of the Automobile Management Act), and the person recorded as an owner in the register of motor vehicle shall be the person himself/herself or the person