1. The defendant is based on a transfer agreement dated September 17, 2010 on the motor vehicle indicated in the separate sheet from the plaintiff.

1. The parties' assertion

A. The Plaintiff’s assertion 1) On September 2010, 2010, the Plaintiff indicated in the separate sheet via a third party police officer (hereinafter “instant automobile”).

(2) The Defendant purchased the instant vehicle through a third party on September 17, 2010, and concluded an automobile insurance contract with the insured under C’s name.

3) Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on September 17, 2010. B. The Defendant’s assertion 1) upon D’s request, and upon D’s request, only granted D the insurance contract for the instant automobile, and did not have taken over the instant automobile.

2. Therefore, the plaintiff must file a lawsuit against D, not the defendant.

2. Determination:

A. Article 12 of the Automobile Management Act (1) provides, “A person who acquires an automobile registered under his/her name shall file an application for the registration of transfer of automobile ownership (hereinafter referred to as “registration of transfer”) with the Mayor/Do Governor, as prescribed by Presidential Decree. (3) In cases where a transferee of an automobile intends to re-transfer the automobile to a third party, he/she shall file an application for the registration of transfer under paragraph (1) in his/her name before the transfer. (4) In cases where a transferee of an automobile fails to file an application for the registration of transfer under paragraph (1), the transferor (referring to the owner recorded in the register as at the time of the application for the registration of transfer) may file an application for the registration of transfer of automobile ownership in his/her name.” (2) According to the above provision, the transferee of an automobile is obligated to file an application for the registration of transfer of ownership in his/her name, and the transferor is entitled to file