1. The defendant is based on an agreement from the plaintiff on the transfer of the motor vehicle stated in the separate sheet by date in the annexed sheet.

1. Facts of recognition;

A. On October 2002, the Plaintiff: (a) requested sale of a motor vehicle indicated in the separate sheet as owned by the Plaintiff (hereinafter “instant motor vehicle”); (b) delivered the said motor vehicle to a person who was missing in the name of the police officer; and (c) issued documents necessary for the registration of transfer of ownership.

B. The Defendant concluded an automobile insurance contract with the Samsung Fire Insurance Co., Ltd. with the insurance period of the instant automobile from May 17, 2006 to May 17, 2007, with the insured from May 17, 2007, and operated the instant automobile. On January 208, 2008, the Defendant transferred the instant automobile to Dong C to the Defendant’s partner C to use the instant automobile, and C entered into an automobile insurance contract with the Hyundai Marine Trade Insurance Co., Ltd. with the insurance period of the instant automobile from January 23, 2008 to January 23, 2009, and operated the instant automobile.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 2 and 3, fact inquiry results with respect to Sejong Special Self-Governing City, purport of the whole pleadings

2. Determination

A. According to the facts established above, it is reasonable to view that the Defendant acquired the instant automobile from the Plaintiff, or from the first buyer or the person who bought the instant automobile before it, and therefore, the Plaintiff recorded in the original register as the owner may seek to accept the transfer registration procedure for the instant automobile. The Defendant is obliged to take over the transfer registration procedure for the instant automobile from the Plaintiff on the ground of the transfer registration procedure for the transfer of ownership due to the date irregular agreement.

B. As to the Defendant’s assertion, the Defendant lent KRW 10 million to D on September 2004 and around October 2004, and used the instant automobile as collateral, and the Plaintiff entered into a sales contract with respect to the instant automobile.