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(영문) 의정부지방법원 고양지원 2015.02.12 2014고정1088
자동차관리법위반
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership with the competent authority within 15 days;

around 13:00 on January 22, 2013, the Defendant acquired FMW X5 car from G, which is owned by E, at D repair plant located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Manyang-si.

Nevertheless, the defendant did not apply for the registration of transfer of ownership of the above automobile without justifiable grounds.

2. Although Article 12(1) of the Automobile Management Act provides for the obligation to apply for the registration of ownership transfer of a motor vehicle, it does not provide for the obligation to register a person who acquired the right to a motor vehicle for bond security.

Therefore, it cannot be deemed that a person who acquired the possession of an automobile for bond security is included in the "person who acquired the automobile" under Article 12 (1) of the Automobile Management Act.

In the instant case, according to the evidence duly adopted and investigated by the court, the instant automobile was under the name of E. However, the Defendant leased KRW 9 million to G on January 22, 2013, and the Defendant received the instant automobile registration certificate, automobile operation certificate, written consent, written consent of waiver, written consent to the transfer of credit, and written consent to the transfer of credit from G. Of the foregoing documents, the instant automobile is offered as security when the loan amount is in blank, and the obligor (E) borrowed the said money with the due date, and even if the loan amount is overdue or the principal and interest is not repaid at the due date of the agreement to pay the principal, the relevant overdue interest is transferred to the obligee at the expiration of 15 days from the date of the agreement to pay the principal, and in such case, the obligee may sell, offer, lend, etc. the said collateral to a third party and transfer all the rights and rights to the vehicle to each waiver.

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