beta
Text
1. The defendant is based on sale and purchase around October 5, 2002 with respect to motor vehicles listed in the separate sheet from the plaintiff.
Reasons
1. Facts of recognition;
A. As to the instant automobile, the new registration was completed on February 20, 2002 in the name of the Plaintiff.
B. On October 5, 2002, the Defendant acquired the instant automobile from an automobile broker, and entered into a comprehensive automobile insurance contract with the Defendant as the insured for the instant automobile from October 5, 2002 to December 5, 2003, and operated the instant automobile from around that time.
On the other hand, on September 8, 2003, the defendant replaced the above insurance with the insurance for C T-Co car newly purchased by the defendant.
[Evidence] Evidence Nos. 1, 1, 3-2, and the fact-finding inquiry report to the head of the Daegu Metropolitan City, the purport of the whole pleadings
2. Determination
A. According to Article 12(1) and (4) of the Automobile Management Act regarding the cause of claim, a person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do governor, and in cases where the transferee of a motor vehicle fails to file an application for the registration of transfer of ownership, the transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer) may file an application in lieu of the transferee. In light of the purport of the provision that “the owner recorded in the register at the time of the application for the registration of transfer” may file an application for the registration of transfer of ownership on behalf of the transferee as a “transferr” of the motor vehicle, it is reasonable to deem that a person registered as the owner in the motor vehicle register as well as a person
According to the above facts, the plaintiff is registered as the owner on the original register of the motor vehicle of this case, and the plaintiff sold the motor vehicle of this case without the consent of D. However, the whole pleadings are made.