beta
Text
1. The Defendant is based on the transfer of an automobile indicated in the separate sheet from the Plaintiff on September 4, 2013.
Reasons
1. Basic facts
A. On July 2012, the Plaintiff purchased the Plaintiff’s automobile indicated in the separate sheet (hereinafter “instant automobile”) from a person who was unaware of the name, and operated the instant automobile without having received the sales payment of KRW 13,000,000 (the initial sales payment of KRW 15,000,000; however, the Plaintiff did not issue a seller’s certificate of personal seal impression and operated the said automobile without having received the transfer registration.
B. On September 4, 2013, the Defendant purchased KRW 4,800,000 from the Plaintiff and operated the instant motor vehicle in exchange for delivery. Around that time, the Defendant sold and handed over the instant motor vehicle again to the name-disadvantaged person.
C. Meanwhile, C filed a lawsuit against the Plaintiff seeking the acquisition, etc. of transfer of ownership registration procedures for the instant motor vehicle (U.S. District Court Ansan Branch 2014Kadan26130). As the Plaintiff partly lost in the said lawsuit, C completed the transfer of ownership on February 17, 2016 as to the said motor vehicle.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings
2. Determination:
(a) A person who takes over a motor vehicle registered as to the cause of claim shall file an application with the Mayor/Do Governor for the registration of transfer of the ownership of the motor vehicle, and where the transferee of the motor vehicle fails to file an application for the registration of transfer, the owner recorded in the register may file an application for the registration of transfer on behalf of the transferee (Article 12(1) and (4) of the Automobile Management Act) and a person recorded in the register of motor vehicle as an owner may seek the procedure for the registration of transfer of ownership from not only the person directly taking over the motor vehicle
(See Supreme Court Decision 2012Da11679 Decided August 23, 2012). According to the above facts of recognition, the Defendant’s instant case from the Plaintiff around September 4, 2013.