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(영문) 서울동부지방법원 2015.08.25 2014가단43671

자동차소유권이전등록

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1. The defendant is based on the transfer on July 10, 201 from the plaintiff as to the motor vehicles stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 10, 2001, the Plaintiff transferred the automobile indicated in the attached Form (hereinafter “instant automobile”) to the Defendant.

B. Although the Defendant acquired the instant motor vehicle from the Plaintiff, it did not file an application for registration of transfer of ownership on the instant motor vehicle.

[Grounds for Recognition: Evidence Nos. 1 through 4, Evidence Nos. 2-3 and 4, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff registered as the owner in the register of automobile on July 10, 2001.

B. The defendant's assertion (1) is alleged to the purport that at the time of the transfer contract of this case, the plaintiff did not receive the plaintiff's certificate of personal seal impression from the plaintiff, and that the transfer of ownership was not registered due to the default of national taxes on the motor vehicle of this case. However, the entries in the evidence Nos. 3 and 4 are insufficient to acknowledge the defendant's assertion that the defendant did not receive the documents necessary for the transfer of ownership of the motor vehicle of this case from the plaintiff, and according to the statement in the evidence No. 1, according to the plaintiff No. 1, it is recognized that the transfer contract between the plaintiff and the defendant was concluded at the time of the transfer contract of this case between the plaintiff and the defendant, but the seizure registration as of May 19, 201 was made,

(2) The Defendant asserts to the effect that the Defendant did not have a duty to register the transfer of ownership on the instant motor vehicle, since he operated the instant motor vehicle for about three years and sold it to a third party and did not operate it any more.

A person who takes over a registered automobile shall make an application for the registration of transfer of ownership to the Mayor/Do governor under the conditions as prescribed by the Presidential Decree.

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