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(영문) 의정부지방법원고양지원 2017.11.15 2017가단4723
자동차소유권이전등록절차이행
Text

1. The defendant is based on the transfer on February 23, 2007 on the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On August 21, 2002, the Plaintiff was the owner who completed the ownership transfer registration with respect to the instant automobiles listed in the [Attachment List (hereinafter “instant automobiles”). Around May 2004, the Plaintiff requested the sale of the instant automobiles to the person who was not registered.

B. Meanwhile, as of February 23, 2007, the Defendant concluded an insurance contract for the instant automobile as of February 23, 2007 and used the instant automobile. The insurance period is until February 23, 2008.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The plaintiff asserted that the plaintiff requested the sale of the automobile of this case to the person in poor name around May 2004, and the defendant received the automobile of this case around February 2007. Thus, the defendant asserts that the defendant is obligated to accept the transfer registration procedure for the automobile of this case from the plaintiff.

In this regard, the defendant purchased the instant vehicle via the Internet and purchased the automobile insurance at the same time, but there are many repair costs, and returned again due to various seizures and arrears.

3. Determination

A. Article 12(1) of the Automobile Management Act provides that “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do governor (hereinafter “registration of transfer”), as prescribed by Presidential Decree (Article 12(1)); where a person who acquires a motor vehicle intends to transfer a motor vehicle to a third party again, he/she shall file an application for the registration of transfer under the name of the third party (Article 12(3)); where a person who acquires a motor vehicle fails to file an application for the registration of transfer under paragraph (1), he/she may file an application for the registration of transfer (referring to the owner recorded in the register at the time of the application for the registration of transfer) in lieu of the transferee (Article 12(4)); in light of the purport of

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