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(영문) 전주지방법원 2017.10.10 2016가단30250
자동차소유권이전등록절차인수
Text

1. The defendant shall enter into an agreement on the transfer from the plaintiff to the first half of the year in 2007.

Reasons

1. In full view of the purport of the argument as to the cause of the claim Gap evidence No. 1 and the fact-finding inquiry reply, it is recognized that the defendant purchased the vehicle in the attached Form No. 1 in the name of the plaintiff, which was transferred before the transfer without going through the first half of 2007 and the transfer registration procedure for transfer of ownership (hereinafter “the vehicle in this case”), and also purchased the vehicle and operated it by transfer from the defendant's seat who was operated without the transfer registration.

A person who takes over a registered motor vehicle shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor, and where the transferee of the motor vehicle fails to file an application for the registration of transfer on behalf of the transferee (Article 12(4) and (1) of the Motor Vehicle Management Act). A person recorded on the motor vehicle register may seek the procedure for the registration of transfer of ownership of the motor vehicle of this case from the person who directly takes over the motor vehicle from him/herself or the person who has delegated the sale thereof, as well as from the person who has again taken over the motor vehicle from the former transferee (see, e.g., Supreme Court Decisions 2012Da11679, Aug. 23, 2012; 2011Na2633, Dec. 23, 2011).

Therefore, the Defendant, who is the full-time transferee of the instant motor vehicle, is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff on the ground of the transfer agreement with the first half of 2007, unless there are special circumstances.

2. The defendant's assertion is in the vicinity of the defendant's residence while the defendant acquired a driver's license in 201 and started driving.

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