소유권이전등록
At the request of a change from the trial to an exchange, the defendant shall make a report on the motor vehicle stated in the attached Form from the plaintiff.
1. Basic facts
A. On June 10, 1999, the Plaintiff completed the new registration of ownership of the instant automobile.
B. On May 24, 2001, when the Plaintiff requested a third party to sell the instant motor vehicle, the Plaintiff delivered the instant motor vehicle along with all necessary documents for the registration of ownership transfer, but the instant motor vehicle is registered as its owner without the transfer registration.
C. As to the instant automobile, the Defendant concluded an individual automobile insurance contract with Hyundai Liber Non-Life Insurance Co., Ltd. with the insurance period from June 26, 2008 to June 26, 2009, with the content of the insurance period covered by the liability insurance. From June 26, 2009 to June 26, 2013, the Defendant concluded an individual automobile insurance contract with the content of the final insurance period covered by the liability insurance policy with the period from June 26, 2009 to June 26, 2013.
[Ground of recognition] The entry of Gap evidence No. 1 and the inquiry result of the fact-finding into the old and previous vehicle registration office by the court of first instance, the purport of the whole pleadings
2. Determination
A. Article 12(1) of the Automobile Management Act provides that “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor,” and Article 12(4) of the same Act provides that “Where a transferee of a motor vehicle fails to file an application for the registration of transfer of ownership, a transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer of ownership) may file an application on behalf of the transferee.” Thus, a person registered as an owner in the register of motor vehicle may seek the acquisition of the transfer of ownership as well as a person who directly acquires a motor vehicle from the transferee
(See Supreme Court Decision 2012Da11679 Decided August 23, 2012, and Suwon District Court Decision 201Na26633 Decided December 23, 201, etc.). Furthermore, this case pertains to the instant case.