The Plaintiff was registered as the owner of the instant motor vehicle since the Plaintiff completed the ownership transfer registration under the name of the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) on June 19, 2012.

On July 2012, the Plaintiff borrowed KRW 3 million from C as security of the instant vehicle, and issued all documents necessary for the transfer of the instant vehicle and delivered the instant vehicle.

Around September 2012, the Defendant purchased the instant automobile from C, and entered into an automobile insurance contract with Samsung Fire Insurance Co., Ltd. for the instant automobile with the insurance period from June 19, 2013 to June 19, 2014, respectively, by setting the insured as the Defendant.

Since September 2012, the Defendant operated the instant motor vehicle from around September 2012, and did not pay various taxes, public charges, and administrative fines due to the violation of the expressway bus exclusive lanes, and thus the attachment registration of the instant motor vehicle is made.

【A person acquiring an automobile registered to determine whether there has been any dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, shall file an application with the Mayor/Do governor for the registration of transfer of ownership, and where the transferee of the automobile has failed to file an application for the registration of transfer of ownership, the transferor (referring to the owner recorded in the register as at the time of application for the registration of transfer) may file an application in lieu of such transferee

(1) According to Article 12(1) and (4) of the Automobile Management Act, it is reasonable to deem that the Defendant acquired the instant automobile from the Plaintiff via C. Thus, the Plaintiff recorded in the original register as the owner may file an application for registration of transfer of ownership on the instant automobile in lieu of the Defendant, the transferee.

On April 2014, the Defendant returned the instant vehicle to C, and thus there is no obligation to accept the transfer registration procedure.