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. After completing the title transfer registration of the instant motor vehicle on June 2008, the Plaintiff offered the instant motor vehicle as security to the credit service provider on his/her name and borrowed KRW 2,00,000 from it.

B. On June 17, 2008, the Plaintiff deposited KRW 2,000,000 in the Plaintiff’s bank account from the credit service provider under the above name in return for deposit. On June 19, 2008, the Plaintiff completed the transfer registration of ownership on the instant motor vehicle and delivered the instant motor vehicle to the said credit service provider.

C. As to the instant motor vehicle, the Defendant subscribed to the mandatory insurance for the motor vehicle under its own name from May 22, 2014 to May 29, 2014, and was subject to the disposition of penalty imposed on July 22, 2014 on the instant motor vehicle driver as a driver of the instant motor vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. The parties' assertion

A. On June 2008, the Plaintiff asserted that: (a) the Plaintiff reported on the advertisement of used cars secured by mortgage; and (b) the Plaintiff purchased the instant vehicle under the name of the Plaintiff and then the Plaintiff would lend KRW 2,00,000 to the Plaintiff as security; and (c) completed the transfer of ownership on the instant motor vehicle and delivered the instant motor vehicle to the said credit service provider.

Since the Defendant acquired the instant automobile by transfer of the distribution channel that could not be known on May 2, 2014, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff pursuant to Article 12(4) of the Automobile Management Act.

B. The defendant's assertion is merely operated by leasing the instant vehicle from F with the name of the husband E, which is known only to the name of the husband E, and did not have the acquisition of the instant vehicle.

2. Determination

(a) "A person who takes over a registered motor vehicle" in Article 12 (1) of the Automobile Management Act shall own the ownership of the motor vehicle to the Mayor/Do Governor as prescribed by Presidential Decree