Text
The defendant is limited to the sale on October 11, 2013 with respect to the motor vehicles listed in the attached list from the plaintiff.
Reasons
Facts of recognition
In light of the fact that there is no dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings, the plaintiff completed the transfer registration of ownership on December 10, 2010 with respect to automobiles listed in the separate sheet (hereinafter “the instant automobiles”) and transferred the instant automobiles to a name-free borrower, and the defendant can recognize the fact that he purchased the instant automobiles from the name-free lender on October 11, 2013.
Judgment
Article 12 of the Automobile Management Act provides that a person who takes over a registered automobile shall apply to the Mayor/Do governor for the registration of transfer of ownership (hereinafter referred to as “registration of transfer”) under the conditions as prescribed by the Presidential Decree (paragraph (1). In case where a person who takes over an automobile intends to transfer it again to a third party, he shall make the registration of transfer as provided in paragraph (1) under his own name before transferring it (paragraph (3)), and in case where a person who takes over an automobile fails to make an application for the registration of transfer as provided in paragraph (1), the transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer) may apply for it
According to the above facts of recognition, the defendant constitutes the transferee of the instant motor vehicle, and the defendant is obligated to take over the transfer registration procedure for the instant motor vehicle from the plaintiff on October 11, 2013 in accordance with the above provisions.
Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.