자동차소유권이전등록
1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.
The defendant.
1. The grounds for the court’s explanation as to the legitimacy of the part concerning the claim for confirmation among the lawsuits in this case are as stated in the corresponding part of the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure
2. Determination on the application for the acquisition of the automobile transfer registration procedure
A. The plaintiff asserts that around March 2004, the plaintiff requested the sale of an automobile listed in the separate sheet (hereinafter referred to as the "automobile of this case") and transferred all the documents necessary for the registration of transfer of ownership of the automobile of this case along with the above automobile. The defendant asserts that he had the obligation to take over the transfer of ownership registration procedure for the automobile of this case since he acquired the above automobile from the plaintiff or transferred it to another person
Around October 2004, the Defendant asserted that, with the husband’s consent that the Plaintiff would be able to use the instant vehicle, the Defendant only used the vehicle with the delivery of it, and that there was no purchase from the Defendant, and that there was no obligation to take over the transfer of ownership registration procedure for the said automobile.
B. 1) Article 12(1), (3), and (4) of the Automobile Management Act provides that a person who takes over a registered automobile shall register transfer of ownership of a motor vehicle (hereinafter “transfer registration”) to the Mayor/Do Governor as prescribed by Presidential Decree.
(i) In case the transferee of an automobile intends to transfer the automobile again to a third party, he shall make the registration of transfer under his own name before transferring it, and in case where the transferee of an automobile fails to make an application for the registration of transfer as prescribed in paragraph (1), it means the transferee (the owner recorded in the register at the time of the application for the registration of transfer) in lieu of
(2) The application may be filed by the court.
Therefore, in light of the purport of the above provision, a person registered as an owner in the register of automobiles shall sell it.