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(영문) 춘천지방법원 원주지원 2018.04.26 2017가단2761
자동차소유권이전등록절차인수 청구
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On September 24, 1997, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. On May 23, 2000, the Plaintiff agreed to transfer the said vehicle to Nonparty C when the instant automobile was destroyed.

C. From October 28, 200 to November 3, 2001, the Defendant purchased a mandatory insurance policy for automobile accident insurance with respect to the said automobile, and operated the said automobile for the said period.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3 evidence, and the result of fact inquiry about the case non-life insurance Co., Ltd. in this court, the purport of the whole pleadings

2. The assertion and judgment

A. 1) On October 28, 2000, the Defendant acquired the instant automobile again from the Plaintiff from the Plaintiff who acquired the instant automobile from the Plaintiff, and as such, it constitutes a motor vehicle owner under Article 5(1) of the Guarantee of Automobile Accident Compensation Act, which constitutes a motor vehicle owner under Article 5(1) of the Automobile Management Act, and the Defendant is obligated to take over the ownership transfer registration procedure for the instant motor vehicle from the Plaintiff on October 28, 200, pursuant to Article 12(1) of the Automobile Management Act. (2) The Defendant had the right to pay for the instant motor vehicle parts, but the Defendant was not able to take over the ownership transfer registration procedure on the ground of acquisition by transfer on October 28, 200 from the Plaintiff. However, the Defendant was unable to repay the said payment, and it was merely returned when he temporarily operated the instant motor vehicle for about one year until he paid the payment. Therefore,

B. Determination 1 Article 12(1) of the Automobile Management Act provides, “A person who acquires a registered motor vehicle shall file an application with the Mayor/Do Governor for the registration of transfer of ownership of the motor vehicle, as prescribed by Presidential Decree.” Article 12(3) of the same Act provides, “Where the transferee of the motor vehicle intends to transfer the motor vehicle again to a third party, it shall be subject to

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