소유권이전등록
1. At the request of an exchange change from the trial, the defendant is an automobile listed in the annexed list from the plaintiff.
1. Facts of recognition;
A. A. On September 2012, C borrowed money from a nominal bondholder and transferred a motor vehicle listed in the separate sheet on his/her own as collateral (hereinafter “instant motor vehicle”) and agreed that the instant motor vehicle can be disposed of if he/she is unable to repay the money by the due date.
B. On October 25, 2012, the Defendant concluded a motor vehicle insurance contract with Samsung Fire and Marine Insurance Co., Ltd. with regard to the instant motor vehicle as “from October 25, 2012 to October 25, 2013” and thereafter, continued to use the instant motor vehicle by renewal of the insurance contract.
C. On the other hand, C died on November 26, 2012, and C accepted a report of approval of succession by inheritance only among the co-inheritors of the deceased, and the remainder was accepted by filing a report of renunciation of inheritance.
[Ground of recognition] Gap evidence Nos. 1, 3-1, 2, and 1-2 of the court of first instance, the fact-finding results on Samsung Fire Marine Insurance Co., Ltd., the purport of the whole pleadings
2. Determination as to the cause of action
(a) A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do governor (Article 12(1) of the Automobile Management Act); where a person who takes over a motor vehicle intends to transfer it to a third party, he/she shall file an application for the registration of transfer of ownership in his/her name before transferring it (Article 12(3) of the same Act); where a person who takes over a motor vehicle fails to file an application for the registration of transfer as above, the transferor (referring
(Article 12(4) of the same Act. In light of the purport of the foregoing provision, the owner recorded in the original automobile register may request the transferee to take over the transfer registration procedure, regardless of whether there is a direct legal relationship with the transferee of the automobile.
B. We examine the instant case, and examine the above facts of recognition.