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(영문) 인천지방법원부천지원 2014.09.04 2013가단3844
자동차소유권이전등록절차이행 등
Text

1. On the ground of transfer from the Plaintiff on December 26, 2008:

A. Defendant B: 1/2. Of the vehicles listed in the separate sheet.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) the above defendant is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act between the plaintiff and the defendant Eul; (b) there is no dispute between the parties; (c) evidence No. 1; (d) evidence No. 1; and (e) fact-finding with respect to the damage insurance company LIG (LIG) damage insurance; and (e) the purport of the entire pleadings.

The instant automobile is a vehicle for which transfer of ownership was registered in the name of the Plaintiff on September 16, 2003, and as a result, it cannot be used due to a vehicle trouble around December 2008, the Plaintiff decided to transfer the instant automobile free of charge to D and delivered it.

(hereinafter “instant transfer contract”). (b)

D Upon delivery of the instant vehicle, on December 26, 2008, the registration number of the instant vehicle was changed to E, and ELIG subscribed to the automobile insurance of the damage insurance company in the name of D.

C. Meanwhile, D died on June 21, 2012, and accordingly, D, the parent of the network D (hereinafter “the deceased”), succeeded to D’s property by one-half equity.

However, on June 27, 2014, the Defendant C, the mother of the deceased, filed a qualified acceptance report with the Seoul Family Court 2014-Ma2477, and the above court rendered an adjudication to accept a qualified acceptance report by Defendant C on June 27, 2014.

2. Determination:

A. In a case where the transferee of the judgment on the cause of the claim did not make an application for the registration of transfer, the transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer) may apply for the registration of transfer of ownership on behalf of the transferee (Article 12(4) of the Automobile Management Act). According to the purport of the above provision of the Automobile Management Act and the above fact-finding, the deceased who acquired the instant vehicle is liable to take over the ownership transfer registration procedure based on the transfer contract from the Plaintiff recorded in the register of the instant vehicle

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