자동차소유권이전등록절차인수
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On August 19, 2002, the gist of the Plaintiff’s assertion: (a) around August 19, 2002, the Plaintiff borrowed KRW 3 million from C as collateral a motor vehicle listed in the separate sheet owned by the Plaintiff (hereinafter “instant motor vehicle”); (b) granted C the right of representation for the sale of the instant motor vehicle by providing C with a vehicle scrapping sheet and all necessary documents for the transfer of the name of the instant motor vehicle
After that, C transferred the instant automobile on behalf of the Plaintiff, on April 26, 2006, to the Defendant, who was a principal, on his behalf. On April 26, 2006, the Defendant concluded a comprehensive motor vehicle insurance and operated the instant motor vehicle from that time until June 2012.
Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff around April 26, 2006.
B. Around August 19, 2002, the Defendant, not the summary of the Defendant’s assertion, lent KRW 3 million to the Plaintiff as collateral the instant vehicle, and received all necessary documents from the Plaintiff along with the vehicle abandonment note.
After that, from December 27, 2002 to April 2005, C entered into a comprehensive automobile insurance contract with respect to the instant motor vehicle from April 26, 2006 to June 2012, 200, but only it was intended to keep and manage the instant motor vehicle, which is a security, and it does not mean that the instant motor vehicle was acquired.
2. Determination
A. A party’s private document of lending money is presumed to be authentic when the signature, seal, or seal of the principal or his representative is affixed (Article 358 of the Civil Procedure Act). Thus, where it is recognized that the person who prepared the private document voluntarily affixed the signature, seal, or seal on the private document in question, that is, where it is recognized that the signature, seal, or seal is affixed to the private document, such presumption is reversed by reflect.