자동차소유권이전등록절차이행청구
1. The portion of the judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below.
1. Around February 2006, the Plaintiff borrowed KRW 4,000,000 from “C” as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant vehicle”).
Around that time, the Defendant decided to purchase the instant vehicle from the Plaintiff through the pawnpo, and received delivery of the instant vehicle, but the Plaintiff did not appear at the promise place for the preparation of the transfer of ownership registration documents, etc. to return the goods stored in the between the parties of the instant vehicle.
Since then, with respect to the instant vehicle, KRW 3,310,80 in total of automobile tax from February 2, 2006 to October 2017, including KRW 2,431,650 in total of mandatory insurance, KRW 815,60 in total of fines for negligence for violation of parking and stopping, and KRW 7,341,450 in total, including KRW 7,340 in total of fines for negligence for violation of speed, were imposed on the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 13 (including additional number), the purport of the whole pleadings
2. If the transferee of the motor vehicle does not transfer the title of registration while the transferee of the motor vehicle takes over the motor vehicle from the transferor, the transferor may seek against the transferee the procedure for taking over the ownership transfer registration;
(2) In light of the aforementioned legal principles, the transferee of the instant motor vehicle is obliged to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff, the transferor, on February 22, 2006, on the ground of the sale of the relevant motor vehicle. In light of the aforementioned legal principles, the Defendant, the transferee of the instant motor vehicle, is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff, the transferor, on April 22, 2006.
3. In the instant case where the Plaintiff is liable to compensate the Defendant for damages due to the failure to implement the procedure for accepting the ownership transfer registration, insofar as the Defendant purchased and used the instant vehicle from the Plaintiff, but did not implement the procedure for accepting the ownership transfer registration.