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(영문) 전주지방법원 정읍지원 2017.03.28 2016가단125
자동차소유권이전등록절차인수 등
Text

1. The defendant is based on the payment agreement on February 12, 2007 with respect to the attached list motor vehicles from the plaintiff.

Reasons

1. Facts of recognition;

A. On March 2, 2012, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. On February 12, 2007, the Plaintiff entered into an accord and satisfaction agreement with the Defendant to transfer ownership of the instant automobile to the Defendant (hereinafter “instant agreement”) in order to repay the remaining loan obligation of KRW 4 million (4 million) and delivered the instant automobile to the Defendant around that time.

C. From that time, the Defendant operated the instant automobile until the time of the closing of argument, and during that period, the Defendant imposed an administrative fine of KRW 3,55,510 in total on the instant automobile due to the violation of parking and stopping regulations and speeding, and the violation of the Guarantee of Automobile Accident Compensation Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6 through 9, Eul evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

(a) A person who takes over a motor vehicle registered to determine the cause of the claim shall apply for the registration of transfer of the ownership of the motor vehicle to the Mayor/Do Governor, and where the transferee of the motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for

(1) In light of the above legal principles, it is reasonable to view that the Defendant acquired the instant motor vehicle from the Plaintiff at the time of the instant agreement, barring any special circumstance. Thus, the Defendant is obligated to take over the transfer registration procedure based on the instant agreement from the Plaintiff as to the instant motor vehicle recorded in the original register of the instant motor vehicle.

3. Judgment on the claim for payment of money

A. The plaintiff's assertion is an administrative fine of KRW 3,55,510 imposed in the name of the plaintiff during the period of using the instant vehicle.

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