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(영문) 수원지방법원안양지원 2014.04.09 2013가단26676
자동차소유권이전등록절차이행
Text

1. The defendant is based on an agreement from the plaintiff to transfer the motor vehicles listed in the annexed list with the date in secret.

Reasons

1. In full view of the statements in Gap evidence Nos. 1, 2, and 3 and the fact-finding results of the fact-finding on Samsung Fire Insurance Co., Ltd., the plaintiff requested sale of the automobiles listed in the annexed sheet (hereinafter "the automobile of this case") recorded in the plaintiff's original register as owned by the plaintiff around 2006 and delivered documents necessary for the registration of transfer of ownership, and the defendant entered into an automobile insurance contract with Samsung Fire Insurance Co., Ltd. with the defendant for the automobile of this case from March 7, 2006 to March 7, 2008 (the defendant's husband C entered into the automobile insurance contract with the defendant from March 7, 2007 to March 7, 2008).

2. A person who takes over a registered motor vehicle shall apply for the registration of transfer of ownership to the Mayor/Do Governor, and where a transferee of a motor vehicle fails to apply for the registration of transfer, an owner recorded in the register may apply for the registration of transfer in lieu

(1) In light of the above facts, it is reasonable to view that the Defendant continuously operated or controlled the instant motor vehicle for about two years by acquiring the instant motor vehicle from a person who was requested to sell the instant motor vehicle by the Plaintiff, the first buyer, or a person who bought the instant motor vehicle before it. Thus, the Plaintiff recorded as the owner in the register can seek to take over the transfer registration procedure for the instant motor vehicle.

In regard to this, the defendant argued to the effect that the defendant's claim against the defendant is unjustifiable, since the defendant purchased and operated the motor vehicle from the person under whose name the defendant was not the party to the contract and returned it. However, in light of the purport of the above Automobile Management Act, it is from anyone.

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