A. On January 26, 2010, the Plaintiff completed the registration of transfer of ownership on a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”). On the same day, the Plaintiff completed the registration of establishment of a mortgage with the mortgager, the Plaintiff, the debtor, and the amount of claims KRW 68 million in Hyundai Capital Co., Ltd.

B. However, around that time, C, who is the Plaintiff’s branch, deposited the instant vehicle as a security for transfer while lending money from a mutually indeterminated lender, and C was unable to repay the borrowed money, thereby disposing of the instant vehicle to a third party.

C. Around February 2011, the Defendant purchased the instant vehicle at KRW 20 million, and subscribed to an automobile insurance contract with himself/herself as the insured on February 24, 2011. While driving the instant vehicle, the Defendant sold the instant vehicle to the Non-Named person on February 2012.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings

2. The allegations and judgment of the parties

(a) A person who takes over a registered motor vehicle shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree;

(3) Where a transferee of a motor vehicle intends to transfer another motor vehicle to a third party, he/she shall make the registration of transfer under his/her name.

(4) Where a transferee of a motor vehicle has failed to make an application for the registration of transfer under paragraph (1), a transferor (referring to an owner recorded in the register as at the time of the application for the registration of transfer) may make an application for the registration of transfer in lieu of such transferee.

B. According to the above determination as to the cause of the claim, in case where the transferee of a registered motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for the registration of transfer on behalf of the transferee, and the person recorded in the register of motor vehicle as the owner himself/herself or it delegates the sale.