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(영문) 서울북부지방법원 2015.08.18 2014가단49385

자동차소유권이전등록절차인수

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1. The defendant is based on the acquisition by transfer on March 19, 2009 of the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On September 25, 2008, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the [Attachment List (hereinafter “instant automobiles”). The Plaintiff borrowed money from a person in an unsound name and transferred the said automobiles as security, and issued documents necessary for the ownership transfer registration.

B. On March 19, 2009, the Defendant acquired the instant automobile from C, and concluded an automobile insurance contract with Samsung Fire Insurance Co., Ltd., and operated it, and received KRW 1.4 million from D on August 6, 2012, and delivered the instant automobile to it.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination

(a) A person who takes over a registered motor vehicle shall file an application with the Mayor/Do Governor for a registration of transfer of the ownership of the motor vehicle, and where the transferee of the motor vehicle fails to file an application for a registration of transfer, an owner recorded in the register may file an application for a registration of transfer on behalf of the transferee (Article 12 (1) and (4) of the Motor Vehicle Management Act), and any person recorded in the register as an owner of the motor vehicle may seek the procedure for a registration of transfer of ownership from the transferee of the motor vehicle directly or from the person

(See Supreme Court Decision 2012Da11679 Decided August 23, 2012). B.

According to the above facts, the defendant took over the risks of the vehicle of this case on March 19, 2009 and directly stored, used and disposed of it for a long time. Thus, the defendant's intention of taking over the vehicle of this case can be recognized. Thus, regardless of who takes over the vehicle of this case from anyone, the defendant is obligated to take over the transfer registration procedure for the transfer of ownership for the plaintiff registered as the owner on the register regardless of who takes over the vehicle of this case on March 19, 2009.

As to this, the defendant shall be D.