Plaintiff

Defendant

June 13, 2019

1. On January 31, 2009, the Defendant shall accept from the Plaintiff the procedure for the registration of the transfer of ownership of a motor vehicle for acquisition on the motor vehicle listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Basic facts

A. On October 23, 2007, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. On or before January 31, 2009, the Plaintiff borrowed KRW 1.5 million from a nominal bondholder, and provided documents as security, such as a vehicle waiver letter to waive the vehicle if it is impossible to repay the vehicle within two months and a certificate of personal seal impression and a certified copy of resident registration necessary for the transfer of the name. However, the Plaintiff failed to repay the above borrowed money by the due date.

C. On January 31, 2009, the Defendant purchased and operated the instant motor vehicle with KRW 7 million from a used motor vehicle with no name-free cars and purchased it. From August 5, 2009 to August 5, 2011, the Defendant purchased the instant motor vehicle insurance for the instant motor vehicle. Thereafter, the Defendant sold the instant motor vehicle to the branch on August 5, 201.

D. As to the instant automobile operation, a number of penalties and fines for negligence were imposed, and as a result, the instant automobile was seized and registered by the disposition on default of fines for negligence even after around 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. Relevant regulations and legal principles

Where a transferee of a registered motor vehicle files an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor, and the transferee of the motor vehicle fails to file an application for the registration of transfer, the transferor (referring to the owner recorded in the register as at the time the application for the registration of transfer is filed) may do so in lieu of such transferee (Article 12 (1) and (4) of the

If a transferee of a motor vehicle does not transfer a registered title while the transfer of the motor vehicle is made from the transferor, the transferor may request the transferee to implement the procedure for acquiring the ownership transfer registration. While the transferee continues to exercise the ownership upon the delivery of the motor vehicle, the transferor’s remaining title is likely to cause any social or legal disadvantages due to the imposition of taxes, public charges, etc. on the transferor. Therefore, granting the transferor’s request for the performance of the procedure for acquiring the ownership transfer registration against the transferee, as long as the risk continues, is consistent with the equity (see, e.g., Supreme Court Decision 2006Da11920, Apr. 24

A person entered in the register of automobiles as an owner, as well as a person who has directly acquired a motor vehicle from him/her or has acquired it from him/her, may seek a transfer registration procedure.

B. In the instant case

In addition to the above facts, the plaintiff delivered the automobile of this case by the agreement to waive the ownership of the automobile of this case and transfer it to the person under the name of this case where the plaintiff is unable to repay the borrowed money by the due date. Since the plaintiff is unable to repay the borrowed money to the person under the name of this case, even though the transfer registration procedure was not completed, it can be deemed that the plaintiff is practically able to exercise the ownership of the automobile of this case by failing to pay the borrowed money by the due date. ② The defendant purchased the automobile of this case through the automobile dr and operated the automobile of this case two times under his own name as well as by concluding the automobile insurance contract of this case. ③ The defendant sold the automobile of this case to the third party who is the land of this case on August 5, 201, the plaintiff entered as the owner on the register of this case as the owner of this case on January 31, 2009.

3. Conclusion

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

(attached Form omitted)

Judgment Notarial Award