beta
(영문) 서울중앙지방법원 2015.04.09 2014가단247357

자동차소유권이전등록

Text

1. The Defendant is based on the acquisition by transfer on March 18, 2012 of the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff was registered as the owner of the instant automobile since the registration of ownership transfer in its name was completed with respect to the instant automobile listed in the separate sheet on May 2, 2008 (hereinafter “instant automobile”).

B. On March 18, 2012, the Plaintiff received a loan from a person who was unaware of his name as a collateral of the instant motor vehicle and delivered documents necessary for the registration of transfer of ownership.

C. On March 18, 2012, the Defendant: (a) purchased the instant motor vehicle and entered into the instant motor vehicle insurance contract with Hyundai Marine Fire Insurance Co., Ltd. with the insurance period from March 18, 2012 to March 18, 2013 by setting the insured as the Plaintiff; and (b) operated the instant motor vehicle for about six months from August 2012; (c) however, the transfer of ownership was not completed in its name.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and the purport of the whole pleading

2. A person who takes over a motor vehicle determined and registered shall file an application for registration of transfer of ownership of the motor vehicle with the Mayor/Do governor, and where the transferee of the motor vehicle fails to file an application for registration of transfer of ownership, the transferor (referring to the owner recorded in the register as at the time the application for

(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 the above person without the name of the Plaintiff. As such, the Plaintiff recorded in the original register as the owner may file an application for registration of transfer of ownership on the instant automobile instead of the Defendant, the transferee.

Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on or around March 18, 2012.

3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.