(영문) 인천지방법원 2020.09.09 2019나4670 | 리걸엔진

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(영문) 인천지방법원 2020.09.09 2019나4670

자동차소유권이전등록절차인수

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On January 5, 2009, the Plaintiff asserted that the Plaintiff borrowed KRW 23,000,000 from the Defendant from the Defendant at the Plaintiff’s complaint. The Plaintiff stated that the Plaintiff borrowed KRW 24,000,000 from the Defendant’s preparatory document on May 20, 2020.

Around September 30, 2011, after borrowing B, the instant vehicle was delivered to the Defendant as payment in substitutes and all documents for the transfer of ownership were also delivered.

Since the Defendant did not register the ownership transfer of the instant motor vehicle until now, the Defendant filed a claim for the acquisition of the ownership transfer registration procedure of the instant motor vehicle to the Defendant in the instant lawsuit.

2. Determination

A. Article 12(1) of the Automobile Management Act provides, “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree.” Article 12(3) of the same Act provides, “Where a transferee of a motor vehicle intends to transfer a motor vehicle again to a third party, the registration of transfer under paragraph (1) shall be made in his/her name before the transfer; and where a transferee of a motor vehicle fails to file an application for the registration of transfer under paragraph (1), it refers to the owner recorded in the register at the time of the application for the registration

(1) may file an application.

In order to make a transfer registration against the defendant, it is necessary to prove that the plaintiff first received the ownership of the automobile.

In addition, in light of the purport of the above provisions, the term "person who takes over a motor vehicle" as referred to in the above provision refers to a person who takes over the ownership of a motor vehicle by legal acts, including sale and purchase or donation, and the creditor has taken over the motor vehicle in

Even if the claim is delivered as security without the agreement on the transfer of ownership, it is nothing more than a claim.

참조조문

-자동차관리법 제12조 제1항

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