소유권이전등록절차인수
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 7 and the whole pleadings as to the cause of the claim, the plaintiff borrowed KRW 8 million from a person who has no name, and provided a motor vehicle listed in the separate sheet (hereinafter referred to as the "motor vehicle of this case") as security and delegated the right to dispose of the motor vehicle of this case to a person who has no name, and the person who has no name, transferred the above motor vehicle to the defendant when the plaintiff did not repay the loan, and the defendant is using and making profits from the motor vehicle of this case until now.
If a transferee of a motor vehicle fails to transfer the name of registration after the transfer of the motor vehicle from the transferor, the transferor is entitled to seek against the transferee the procedure of acquisition of ownership transfer (see, e.g., Supreme Court Decision 2012Da24361, Mar. 13, 2014). According to the above facts of recognition, the defendant who acquired the motor vehicle of this case from the name defective person delegated with the authority to dispose of the motor vehicle of this case bears the obligation to implement the procedure of acquisition of ownership transfer.
Although the Defendant asserts that there is no reason to accept the instant vehicle since the mortgage has been established on the instant vehicle that exceeds the estimated realization amount in the C Co., Ltd., but as seen earlier by the Defendant, insofar as the instant vehicle is acquired and used and profited therefrom, the procedure for the registration of transfer of ownership cannot be refused solely for the foregoing reasons.
2. If so, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is justified on the grounds of its conclusion, and the defendant's appeal is dismissed and it is so decided as per Disposition.