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(영문) 서울중앙지방법원 2015.10.15 2014가단254393
자동차소유권이전등록절차인수
Text

1. The defendant is based on the transfer on November 18, 2005 from the plaintiff as to the motor vehicles stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On September 9, 2002, the Plaintiff completed the registration of transfer of ownership in the name of the automobile listed in the separate sheet (hereinafter “instant automobile”).

B. In around 2005, the Defendant received necessary documents for the transfer of the instant automobiles and ownership from a person who was unaware of his name, and concluded a liability insurance contract between the Dong Fire Marine Insurance Co., Ltd. and the insurance period from November 18, 2005 to November 18, 2006.

C. After November 18, 2005, the Plaintiff imposed a total of KRW 4,514,590 on the Plaintiff, such as speed violations, fines for negligence and environmental improvement charges due to mandatory insurance, as indicated in the recognized amount among the imposition details, including the attached public charges and fines for negligence in relation to the instant motor vehicle.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination

A. Article 12(1) of the Motor Vehicle Management Act provides that "a person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership (hereinafter referred to as "registration of transfer") with the Mayor/Do Governor, as prescribed by Presidential Decree," and Article 12(3) of the same Act provides that "if a transferee of a motor vehicle intends to transfer a motor vehicle again to a third party, he/she shall make the registration of transfer under paragraph (1) in his/her name before the transfer, and Article 12(4) of the same Act provides that "if a transferee of a motor vehicle fails to file an application for the registration of transfer under paragraph (1), a transferor (referring to the owner recorded in the register as at the time of the application for the registration of transfer) may file an application for the registration of transfer of ownership in lieu of the transferee, as prescribed by Presidential Decree."

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