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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
- On May 9, 2002, the Plaintiff borrowed KRW 2,000,00 from a credit service provider under his name in his name as security, and completed the registration of transfer of ownership on the instant automobiles in his name on May 9, 2002, and delivered the instant automobiles to the said credit service provider.
- On August 3, 2012, the Defendant subscribed to mandatory insurance for motor vehicles in the name of the Defendant with the insurance period from August 3, 2012 to November 3, 2012.
[Grounds for recognition] The Plaintiff, while borrowing KRW 2,00,00 from the credit service provider under his/her name, delivered the instant motor vehicle as security by borrowing KRW 2,00,000 as to the instant motor vehicle. Since the Defendant purchased the instant motor vehicle after purchasing the insurance on August 3, 2012, it is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff, the owner under the Motor Vehicle Management Act, pursuant to Article 12(4) of the Motor Vehicle Management Act.
Judgment
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 ownership with the Mayor/Do governor, as prescribed by Presidential Decree,” and Article 12(3) of the same Act provides, “A person who acquires a motor vehicle shall file an application for the registration of transfer of ownership in his/her name before transferring it to a third party” and Article 12(4) of the same Act provides, “Where a transferee of a motor vehicle fails to file an application for the registration of transfer under paragraph (1), a transferor (referring to a owner recorded in the register as at the time of the application for the registration of transfer) may file an application for the registration of transfer in lieu of such transferee, as prescribed by Presidential Decree.” Article 12 of the Automobile Management Act is a provision concerning