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(영문) 대구지방법원 2016.02.23 2015가단37808

자동차소유권이전등록절차이행

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1. The defendant is based on the acquisition by transfer on August 20, 2010 on the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. The transferee of a motor vehicle registered as to the Plaintiff’s claim shall file an application for the registration of transfer of ownership with the Mayor/Do governor, and where the transferee of a motor vehicle fails to file an application for the registration of transfer, the owner recorded in the original register may file an application for the registration of transfer (Article 12(4) and (1) of the Automobile Management Act). Since the Defendant voluntarily stated that he/she provided and purchased a motor vehicle of KRW 7 million on August 20, 2010, the Defendant is obliged to take over the transfer of ownership from the Plaintiff recorded in the original register as the owner on August 20, 2010 as to the motor vehicle listed in the separate sheet.

2. The Defendant’s assertion that the Plaintiff purchased 6 million won from the Defendant on September 15, 2003, which was alleged to have been the Defendant, but it is not all true. However, even if so, a person registered as the owner in the register of automobiles can seek the acquisition of the transfer of ownership by not only the person who directly acquired the automobile from the Plaintiff but also the person who again acquired or transferred it from him/her (see, e.g., Supreme Court Decision 2012Da11679, Aug. 23, 2012). As long as the Defendant voluntarily recognized the transfer of ownership, the Defendant is obligated to take over the transfer of ownership from the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and accepted.