1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 31, 2002, the owner of the instant automobile had been registered as the Plaintiff on July 31, 2002.

B. The Defendant operated the instant automobile from October 2002, and entered into an automobile insurance contract (including two renewal contracts) with the Dong Fire & Marine Insurance Co., Ltd. with respect to the instant automobile from January 2, 2004 to April 7, 2006.

C. The Plaintiff is currently registered as the owner in the register of automobile of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, fact inquiry results of the first instance court's office of registration of mass rolling stock, purport of whole pleadings

2. The parties' assertion

A. On October 2002, the Plaintiff requested the sales company of the instant automobile located in Busan F to sell the instant automobile, and delivered the instant automobile along with the documents necessary for the registration procedure for the transfer of ownership. Since the Defendant acquired it, the Defendant is obligated to take over the transfer registration procedure for the instant automobile.

B. Although the Defendant recognized the fact that he used the instant motor vehicle by delivery from the Nonparty around October 2002, the Defendant did not have any obligation to take over the transfer registration procedure for the instant motor vehicle, since it was used by leasing or purchasing the instant motor vehicle.

3. The "acquisition" under Article 12 of the Automobile Management Act is a concept that assumes the transfer of ownership. The facts acknowledged earlier and the evidence submitted by the Plaintiff alone are insufficient to recognize that the Plaintiff delivered the instant automobile to a used car dealer with all the documents necessary for the registration procedure for the transfer of ownership of the instant automobile as well as all the documents necessary for the transfer of ownership, and accordingly there is no other evidence to acknowledge that the Defendant acquired the instant automobile.

Therefore, the Plaintiff sells.