(영문) 서울중앙지방법원 2016.03.24 2015가단26946

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(영문) 서울중앙지방법원 2016.03.24 2015가단26946

자동차소유권이전등록절차인수

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1. The defendant is based on the transfer on or around August 2005 of the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On May 24, 2002, the Plaintiff (the Plaintiff: C) completed the new registration of ownership on the automobiles listed in the [Attachment List (hereinafter “instant automobiles”). On July 2002, the Plaintiff (the Plaintiff) borrowed KRW 7 million from E running the loan business in the trade name of D and offered the instant automobiles as collateral, and delayed payment of interest, and the Plaintiff (the Plaintiff: C) incurred the instant vehicle by the employee of D around June 2003.

B. On August 2005, the Defendant purchased the instant vehicle and operated it for a period of three years after purchasing the instant vehicle, and disposed of it to the light name injured person on 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1, fact inquiry results against the head of Seocho-gu Office of this Court, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) (1) Where a transferee of a motor vehicle has made an application for the registration of transfer of ownership of a motor vehicle to the Mayor/Do governor, and the transferee of the motor vehicle has failed to make an application for the registration of transfer, the transferor (referring to the owner recorded in the register as at the time of the application for the registration of transfer) may do

(2) In light of the legal principles as to the transfer of ownership registration procedure as to the instant motor vehicle, it is reasonable to view that the Defendant acquired the instant motor vehicle from the Plaintiff or from the person who transferred the instant motor vehicle before it. Thus, the Plaintiff recorded in the original register as the owner may seek the acquisition of ownership transfer registration procedure as to the instant motor vehicle from the Defendant.

B. The Defendant asserts that since the Defendant had operated the instant motor vehicle for two years from 2003 to 2005 before the Defendant, it would be reasonable to first make the instant claim against F.

According to the records of No. 1, No. 1, and the fact-finding results, F operated the instant automobile as alleged above.

참조조문

-자동차관리법 제12조 제1항

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