logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.08.18 2016가단341985
소유권이전등록
Text

1. The Defendant is based on the acquisition by transfer on September 15, 2014 regarding the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. Since the Plaintiff completed the ownership transfer registration with respect to a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) on September 6, 201, the Plaintiff is registered as its owner in the motor vehicle register until now.

B. On September 2012, the Plaintiff borrowed KRW 5 million from a bond company with the name and aesthetic knowledge, offered the instant vehicle as security, delivered all documents necessary for the registration of transfer of ownership, and delivered the instant vehicle.

C. The Defendant concluded an automobile insurance contract with respect to the instant automobile as follows.

1) From September 15, 2014 to November 15, 2014, the insurance period of the insurance contract with Samsung Fire and Marine Insurance Co., Ltd. (2) 3) from November 16, 2014 to May 16, 2015, the insurance period of the insurance contract with Hyundai Marine Fire and Fire Insurance Co., Ltd. (3) from November 16, 2014 to May 16, 2015, the insurance period of the insurance contract with Dong Fire and Marine Insurance Co., Ltd. (U.S.) from July 30, 2015 to October 30, 2015

2. Judgment on the plaintiff's claim

A. Article 12(1) of the Motor Vehicle Management Act provides that "a person who acquires a registered motor vehicle shall file an application with the Mayor/Do Governor for the registration of transfer of ownership of the motor vehicle," and Article 12(4) of the same Act provides that where the transferee of the motor vehicle fails to file an application for the registration of transfer of ownership, the owner recorded in the register as at the time the transferee files an application

(1) may file an application;

Since the motor vehicle register provides that a person who is registered as an owner shall take over or transfer the motor vehicle from him as well as from the person who directly takes over the motor vehicle from him.

arrow