1. On August 25, 2016, the Defendant owns an automobile indicated in the separate sheet from the Plaintiff, based on a transfer agreement.

1. Determination as to the cause of claim

A. ① The fact that the last nominal owner is registered as the Plaintiff with respect to the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”), ② that the Defendant’s husband acquired the instant motor vehicle from C on June 3, 2016 and concluded and operated the motor vehicle insurance contract under the name of the Defendant as wife on August 25, 2016, and ③ that the Defendant’s husband died on or around March 13, 2017, may be recognized by taking into account the following: (a) there is no dispute between the parties; or (b) the fact that the Defendant’s husband died on or around March 13, 2017;

(b) 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, an owner recorded in the register may file an application for the registration of transfer on behalf of the transferee (Article 12(4) and (1) of the Automobile Management Act), and a person recorded in the register as an owner may seek the procedure for the registration of transfer of ownership from the person who directly takes over the motor vehicle or from the person who has delegated the sale thereof

(Supreme Court Decision 2012Da11679 Decided August 23, 2012, and Suwon District Court Decision 2011Na26633 Decided December 23, 2011.

Therefore, the Plaintiff, the owner of the instant motor vehicle register, can seek the acquisition of ownership transfer registration procedure for the instant motor vehicle to the Defendant who acquired the instant motor vehicle by transfer. Therefore, the Defendant is obliged to take over the ownership transfer registration procedure for the instant motor vehicle from the Plaintiff on August 25, 2016, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. On June 21, 2017, the Defendant received KRW 5.3 million from the person D, who sold the instant vehicle and delivered it to him, and thus, the Defendant sold the instant vehicle.