1. Revocation of the first instance judgment.

2. The defendant's vehicle stated in the separate sheet from the plaintiff is the datelight.

1. Facts below the facts of recognition are either in dispute between the parties or acknowledged by considering the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 2 and 3.

A. On February 20, 2001, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”) and registered as the owner of the instant automobiles until now.

B. On June 26, 2006, the Defendant: (a) entered into an automobile insurance contract with Samsung Fire and Marine Insurance Co., Ltd. with the insurance period from June 26, 2006 to June 26, 2007; and (b) operated the instant automobile for about five months until November 13, 2006.

2. The parties' assertion

A. On February 20, 2001, the Plaintiff newly registered the instant vehicle under the name of the Plaintiff on the condition that the Plaintiff bears all of the instant vehicle, such as C's installment, upon C's request, and immediately transferred the instant vehicle to C. Since the Defendant was confirmed to have used the instant vehicle as the policyholder, the Defendant is obligated to take over the procedure for the ownership transfer registration of the instant vehicle.

B. The defendant has no obligation to take over the transfer registration procedure for the instant motor vehicle since he borrowed the instant motor vehicle from the land in the name of the defendant and returned it again.

3. A person who takes over a motor vehicle determined and registered shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do governor (Article 12 (1) of the Automobile Management Act); where a person who takes over a motor vehicle intends to transfer it to a third party, he/she shall do so in his/her name before transferring it (Article 12 (3) of the Automobile Management Act); where a person who takes over a motor vehicle fails to file an application for the registration of transfer as above, the transferor (referring to the owner recorded in

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