1. The defendant is based on the transfer on September 13, 2006 from the plaintiff as to the motor vehicles listed in the separate sheet.

1. Basic facts

A. On January 3, 2002, the Plaintiff registered the transfer of ownership in its name with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. The Plaintiff borrowed money as security from a third party and failed to repay it, and around 2004, delegated the disposal of the instant vehicle to a third party, and delivered the instant vehicle to the third party.

C. On September 13, 2006, the Defendant: (a) operated the instant automobile by delivery from a third party; (b) concluded the automobile insurance contract with the MG damage insurance on the same day as the insured; and (c) thereafter, operated the instant automobile after purchasing the automobile insurance from January 17, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, and Eul evidence 1-1, 2, and 3, the purport of the whole pleadings

2. Determination

A. The plaintiff of the parties asserted that the defendant acquired the automobile of this case, and that the plaintiff was obligated to take over the transfer registration procedure of this case as to the automobile of this case entered in the original register as the owner, the defendant asserts that he only used the automobile of this case by siren, and that he did not take over it.

(b) A person who takes over a registered motor vehicle shall apply for the registration of transfer of the ownership of the motor vehicle to the Mayor/Do Governor, and where the transferee of the motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for

(Article 12 (4) and (1) of the Automobile Management Act. A person entered into the register of automobiles as an owner may seek to take over not only the person who directly takes over the said automobile but also the person who again takes over it from the previous transferee, from him or the person who has delegated the sale thereof, as well as the person who directly takes over it from the previous transferee.

Supreme Court Decision 2012Da11679 Decided August 23, 2012