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(영문) 서울북부지방법원 2017.09.08 2017나30147
자동차소유권이전등록신청절차인수
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this court's assertion that the defendant emphasizes or added to this court are identical to the corresponding part of the judgment of the first instance except for the addition of the following "2. Additional Judgment", and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. In a case where the plaintiff alleged that he disposes of the automobile of this case, he has the duty to change the name in the register of automobiles following the disposal.

Since April 2009, the Defendant failed to comply with it, and caused the Plaintiff to bear KRW 7,906,640 in the aggregate of KRW 2,479,50 in the fines for negligence, KRW 4,013,120 in the amount of automobile tax, KRW 1,414,02 in the amount of additional automobile tax, and KRW 7,90 in the amount of additional automobile tax.

Therefore, the defendant is liable to pay the plaintiff the above 7,906,640 won and damages for delay due to tort or default.

B. Determination 1) Article 12(1) of the Automobile Management Act provides that “A person who acquires a registered automobile shall file an application for the registration of transfer of ownership of the automobile with the Mayor/Do Governor,” and Article 12(4) of the same Act provides that “Where a transferee of the automobile fails to file an application for the registration of transfer of ownership, a transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer of ownership) may file an application for the registration of transfer of ownership on behalf of the transferee.” Thus, a person registered as an owner in the register of automobile may file an application for the registration of transfer of ownership with the transferee as well as the person who has acquired the automobile directly from the transferee of the automobile from him/her and another person who has acquired or transferred it again from him/her (see, e.g., Supreme Court Decision 2012Da24361, Mar. 13, 2014).

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