beta
(영문) 인천지방법원 2019.10.10 2019가단7043

자동차소유권이전등록절차인수

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2013, the Plaintiff acquired a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and completed the ownership transfer registration thereof, and registered as the owner of the instant motor vehicle until now.

B. The Plaintiff does not possess the instant vehicle as of the date of closing argument in the instant case.

C. From September 4, 2018 to October 4, 2018, the Defendant concluded an automobile insurance contract with C Co., Ltd. (former D Co., Ltd.) for one month of the insurance period (on November 4, 2018), and concluded an insurance contract between C Co. and C Co., Ltd. for the insurance period from November 4, 2018 to November 4, 2019.

【Ground of recognition】In the absence of dispute, entry of Gap Nos. 1 and 2, fact-finding results against the Namdong-gu Incheon Metropolitan Government, the purport of the whole pleadings

2. The assertion and judgment

A. On February 2017, the Plaintiff asserted that at the time of borrowing KRW 1,00,000 from a credit service provider, the Plaintiff delivered all documents necessary for the registration of the transfer of the ownership of a vehicle to the credit service provider, indicating that the instant vehicle can be transferred to the credit service provider and that the vehicle can be disposed of if it is not repaid by the due date for payment agreed.

In the end, the Plaintiff delivered the instant vehicle to the credit service provider at the time when the date of repayment is unknown because it was impossible to repay the loan on the repayment date, and the said vehicle was distributed in large lanes.

Around September 4, 2018, the Defendant has occupied and operated the instant vehicle by acquiring it, and there is also a fact that the Defendant purchased the insurance on the instant vehicle under the name of the Defendant himself/herself. As long as the Defendant appears to have taken over the instant vehicle on September 3, 2018, which is the day immediately preceding the commencement date of the insurance contract under the name of the Defendant, the Defendant, the transferee of the instant vehicle under the Automobile Management Act, has the obligation to take over

(b) the board;

참조조문