logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.12.10 2020가단130590
소유권이전등록
Text

The defendant is based on the acquisition on December 1, 2018 on the motor vehicles listed in the attached list from the plaintiff.

Reasons

1. Determination as to the cause of claim

A. On September 24, 2014, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. Around October 2014, the Plaintiff borrowed KRW 8,000,000, from a credit service provider, who placed the instant automobile as security.

C. At present, as to the instant motor vehicle, KRW 3,106,510 is imposed on the Plaintiff, including KRW 459,00,000, which violated the Motor Vehicle Management Act (Inspection) after January 5, 2016, including KRW 459,00.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. On October 2014, the part of the Defendant’s claim for registration of transfer of ownership was accepted, and each of the evidence and the purport of the argument are as follows: ① the Plaintiff, at the time of borrowing money from a credit service provider as collateral, prepared a memorandum of waiver that the Plaintiff would waive the ownership of the instant vehicle at the time of the non-payment of the borrowed money; ② as the Plaintiff was unable to repay the borrowed money, the Plaintiff sold the instant vehicle to the credit service provider for the purpose of exercising the security right; and the Defendant can recognize the acquisition of the said vehicle from the person who purchased the instant vehicle from the credit service provider or the credit service provider

A person who has taken over 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, and where the transferee of the motor vehicle intends to transfer the motor vehicle to a third party, he/she shall make the registration of transfer in his/her name before transfer, and where the transferee of the motor vehicle fails to file an application for the registration of transfer of ownership, the transferor (referring

(See Article 12(1), (3), and (4) of the Automobile Management Act). Accordingly, a person who is registered as an owner in the automobile register shall be registered as an owner.

arrow