자동차소유권이전등록절차인수
1. The defendant is based on the transfer on September 14, 2007 from the plaintiff as to the motor vehicle stated in the separate sheet.
1. Facts of recognition;
A. On July 3, 2002, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the attached Form (hereinafter “instant automobiles”).
B. On March 18, 2004, the Plaintiff borrowed money from C and set up a mortgage on the instant automobile to C.
C. On September 14, 2007, the Defendant: (a) transferred the instant automobile from C; (b) concluded an automobile insurance contract with a lot damage insurance company as the insured; and (c) maintained the said insurance contract until September 14, 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 5, fact inquiry results against the head of Mapo-gu Office of this Court, purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion 1) The plaintiff's assertion 1) (1) around March 2003, the plaintiff transferred all documents necessary for the transfer of the automobile to a third party, and the defendant purchased them through a third party on March 18, 2004, and thus, the defendant must take over the transfer registration of ownership concerning the automobile of this case. ② Even if the plaintiff offered the automobile of this case to C as security, as alleged by the defendant, C transferred the automobile of this case to the defendant by exercising the security right, and the defendant was operated in the position of the owner, and therefore, the transfer registration of ownership concerning the automobile of this case must be taken over. 2) The defendant's assertion that ① the defendant did not purchase the automobile of this case from the third party who requested the plaintiff to sell the automobile
② Unlike its assertion, the Plaintiff was granted a loan as security for the instant automobile, and did not request the sale of the instant automobile.
③ The Defendant temporarily used the instant vehicle and returned it to the C office of the vehicle security lending company around September 2009, as well as the fine for negligence, etc. that occurred during the period of use by the Defendant.