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1. The defendant is based on the transfer on July 20, 202 from the plaintiff as to the motor vehicles listed in the separate sheet.
Reasons
1. Basic facts
A. From April 13, 2001, the Plaintiff is the nominal owner of an automobile listed in the separate sheet (hereinafter “instant automobile”) from April 13, 200 to the date of closing the argument in this case.
On June 2002, the Plaintiff provided the instant automobile and the documents related to the registration of transfer of ownership as collateral and received KRW 10 million from a deceased person who was named as a police officer.
B. The above person under whose name the instant motor vehicle was delivered to C, and C disposed of it to a third party.
C. From July 20, 2002 to December 31, 2002, the Defendant subscribed to liability insurance for the instant automobiles in its own name from April 12, 2003 to May 10, 2005.
On December 4, 2015, the Plaintiff paid an administrative fine and automobile tax imposed on the instant motor vehicle, and cancelled all the registration of seizure completed on the instant motor vehicle.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness E's testimony, purport of whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion is that the Defendant is obligated to take over the transfer registration procedure for the instant automobile since it was actually operated by the Plaintiff through the transfer of the instant automobile, and the Defendant, as compensation for tort, is obliged to pay the automobile tax and the administrative fine paid by the Plaintiff as it was imposed on the Plaintiff by not completing the transfer
B. The defendant's summary of the defendant's assertion is the temporary use of the automobile of this case, and only subscribed to and operated the liability insurance, and did not acquire the automobile of this case from the plaintiff.
In addition, the defendant did not have been imposed a fine for negligence on the motor vehicle of this case.
3. Determination
(a) A person who takes over a registered motor vehicle in respect of a request to take over the transfer registration procedure shall file an application for the transfer registration of the ownership with the Mayor/Do Governor;