(영문) 서울중앙지방법원 2016.12.09 2016나26432

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(영문) 서울중앙지방법원 2016.12.09 2016나26432

자동차소유권 이전등록절차 이행

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 30, 2001, the Plaintiff completed the new registration of ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. From February 5, 2010 to July 5, 2012, the Defendant entered into an automobile insurance contract with the interesting country life.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff asserted that the Plaintiff provided the instant automobile as security after receiving a loan of KRW 4.5 million from the Had Capital Co., Ltd. around April 2005.

However, as the Plaintiff was unable to repay the loan, the instant motor vehicle was transferred before the large lane, and the Defendant acquired it on February 2010.

Nevertheless, since the Defendant did not register the ownership transfer of the instant automobile in its own future, the Plaintiff seeks against the Defendant to take over the procedure for the ownership transfer registration of the instant automobile.

B. Although the Defendant asserted that the instant vehicle was purchased at KRW 5 million around February 2010, the Defendant was aware that there was a seizure registration exceeding 100 items of the instant vehicle as it later paid the premium and confirmed it.

Therefore, as long as the Plaintiff did not cancel the registration of seizure of 100 recommendation, the Defendant may refuse the registration of transfer of ownership.

In addition, since the present automobile has already been scrapped, it is not necessary to complete the transfer registration of ownership in the future of the defendant.

3. Determination

(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, and where the transferee of the motor vehicle has failed to file an application for the registration of transfer, the transferor (referring to the owner recorded in the register as at the time of filing an application for the registration

(Article 12(1) and (4) of the Automobile Management Act.

참조조문

-자동차관리법 제12조 제1항

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