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(영문) 대구지방법원 2014.08.29 2014가단6746

자동차소유권이전등록절차인수

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1. The Defendant is based on the sale on July 4, 2012, as to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On November 2, 2010, the Plaintiff completed the registration as the owner of the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and registered as the owner on the said motor vehicle register until now.

B. B. Before July 4, 2012, the Plaintiff sold the instant vehicle to a person whose name was unknown through a child, and delivered all documents necessary for the registration of transfer of ownership.

C. On July 4, 2012, the Defendant purchased the instant automobile from C and received the delivery thereof, and concluded an automobile insurance contract with LIG damage insurance company and its father D as the insured on July 6, 2012, and the insurance contract was maintained until September 27, 2012.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 3-1,

2. Each entry into evidence No. 4 and the purport of the whole pleadings;

2. The assertion and judgment

A. (1) Determination of the cause of the claim (1) The provisions of the relevant Act [Article 12 (Registration of Transfer) of the Automobile Management Act] (1) A person who takes over a registered automobile shall file an application with the Mayor/Do governor

(3) Where a transferee of a motor vehicle intends to transfer another motor vehicle to a third party, he/she shall make the registration of transfer under his/her name.

(4) Where a transferee of a motor vehicle has failed to make an application for the registration of transfer under paragraph (1), a transferor (referring to an owner recorded in the register as at the time of the application for the registration of transfer) may make an application for the registration of transfer.

(2) According to the above determination, in a case where the transferee of a registered 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, and the person recorded in the register of motor vehicle as the owner is not only the person who directly takes over the motor vehicle, but also the former transferee.