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(영문) 서울중앙지방법원 2018.07.26 2018나16309
소유권이전등록
Text

1. Revocation of a judgment of the first instance;

2. The defendant on December 31, 2007, as to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On April 16, 2001, the Plaintiff newly registered an automobile as indicated in the separate sheet (hereinafter “instant automobile”) as its owner.

B. On April 16, 2001, the Plaintiff offered the instant vehicle as security to the credit service provider under his name and received KRW 5 million. The Plaintiff delivered the instant vehicle to the said credit service provider and issued the documents necessary for the registration of transfer of ownership.

C. The Defendant concluded an automobile insurance contract concerning the instant automobile from December 28, 2007 to November 12, 2010.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. On April 16, 2001, the Plaintiff borrowed KRW 5 million from the bond company and delivered documents, etc. necessary for the registration of transfer of ownership of the instant vehicle to the bond company, and delivered the instant vehicle to the bond company. Since the Defendant acquired the instant vehicle on or around December 31, 2007, it is obligated to take over the registration procedure for transfer of ownership of the instant vehicle pursuant to Article 12(4) of the Automobile Management Act. (2) The Defendant lent KRW 17 million to the Defendant Company, and the Plaintiff was in possession of the instant vehicle as collateral until it was repaid. (3) The Plaintiff operated the instant vehicle as collateral and was stolen on or around October 2007, while it was in possession of the instant vehicle.

B. 1) The transferee of a registered motor vehicle shall file an application with the Mayor/Do governor for the registration of transfer of ownership of the motor vehicle (Article 12(1) of the Automobile Management Act). If the transferee of the motor vehicle intends to transfer it to a third party, he/she shall register the transfer of ownership in his/her name before transferring it (Article 12(3) of the Automobile Management Act). In cases where the transferee of the motor vehicle fails to file an application

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