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(영문) 인천지방법원부천지원 2017.09.08 2017가단5039
자동차소유권이전등록절차인수등
Text

1. The defendant is based on the acquisition by transfer on November 13, 2013 of the motor vehicle stated in the separate sheet from the plaintiff.

Reasons

1. Determination on the cause of the claim

A. The following facts are acknowledged in light of Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 4, Gap evidence No. 7, Gap evidence No. 8, and the purport of Gap evidence No. 9 as a whole.

1) On March 13, 2013, the Plaintiff is a motor vehicle indicated in the attached Form (hereinafter “instant motor vehicle”).

Since the acquisition of ownership, the Plaintiff was registered as an owner in the register of automobiles until now. 2) On November 2013, the Plaintiff offered and delivered the instant automobile as security by borrowing money from a lender with a nameless loaner.

3) Upon request of C with which the Defendant had had an insurance solicitor, the Defendant purchased a comprehensive automobile insurance contract between Hyundai Marine Fire Insurance Co., Ltd. with respect to D vehicles from April 22, 2013 to April 22, 2014, and then changed the vehicle subject to insurance from November 13, 2013 to the instant vehicle. B. Article 12(1) of the Automobile Management Act provides that “If the transferee of a vehicle fails to file an application for the transfer of ownership, the transferee of the vehicle (referring to the owner recorded in the register at the time of the application for the transfer of ownership) may file an application for the transfer of ownership on behalf of the transferee, and thus, the owner of the vehicle register may file an application for the transfer of ownership with the insurance company from November 13, 2013 to April 22, 2014 (see, e.g., Supreme Court Decision 2013Da13161, Apr. 31, 2014).

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