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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. In the first instance trial, the Plaintiff sought against the Defendant the acquisition of the transfer registration procedure due to the transfer of ownership on July 19, 2004, and the acquisition of the fine for negligence and the tax and public charges imposed after July 19, 2004.
The court of first instance accepted the plaintiff's claim for transfer of ownership registration procedure, and rejected the plaintiff's claim for transfer of ownership registration procedure, and only the defendant appealed against this, the scope of this court's appeal is limited to the claim for transfer of ownership registration procedure.
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant is the assignee of the instant automobile. As long as the Defendant subscribed to the mandatory insurance for the instant automobile on July 19, 2004, as long as it is the owner of the automobile, the Defendant is obligated to control the operation of the said automobile and enjoy the benefits therefrom. Therefore, the Defendant has no obligation to accept the registration procedure for the transfer of ownership of the instant automobile from the Plaintiff, the owner of the automobile register. 2) The Defendant did not acquire the instant automobile. (B) around 2004, the Defendant worked for the “E” and “F”, a company in charge of arranging installment financing or subscribing to the insurance.
When the automobile goods were put into storage as a used vehicle trading complex, it is necessary to buy insurance for the vehicle that was put into storage for a short period. In this case, the company working for the defendant, after consultation with the motor vehicle trading business operator, was acting for the defendant to buy insurance on the vehicle. In this case, the employees such as the defendant and the plaintiff were insured to enter into an insurance contract.
The number of insurance contracts purchased by the Defendant from July 2004 to August 2004 is 111. The instant automobile also belongs to the Defendant and the insured.