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(영문) 인천지방법원부천지원 2017.07.14 2016가단110118
자동차인전등록인수청구
Text

1. The Defendant is limited to a motor vehicle indicated in the separate sheet from the Plaintiff on June 8, 201.

Reasons

1. Facts of recognition;

A. Since the Plaintiff acquired the ownership of an automobile as indicated in the attached Form (hereinafter “instant automobile”) on July 18, 2001, the Plaintiff is registered as the owner in the register of automobile until now.

B. The Plaintiff subsequently borrowed money from a lender with no name, offered the instant vehicle as security, and delivered the instant vehicle.

C. From June 8, 2011 to June 8, 2012, the Defendant concluded a motor vehicle insurance contract with respect to the instant motor vehicle, and concluded the motor vehicle insurance contract again from June 8, 2012 to June 8, 2013.

2. The determination of Article 12(1) of the Automobile Management Act provides that “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor,” and Article 12(4) of the same Act provides that “Where a transferee of a motor vehicle fails to file an application for the registration of transfer of ownership, a transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer of ownership) may file an application on behalf of the transferee.” Thus, a person registered as an owner in the motor vehicle register may seek the acquisition of transfer registration procedure against not only a person

(See Supreme Court Decision 2012Da24361 Decided March 13, 2014). As seen earlier, the Defendant subscribed to automobile insurance for one year after having subscribed to automobile insurance on June 8, 2011, and concluded an insurance contract in his/her own name for two years after having subscribed to automobile insurance; and the automobile insurance is concluded in order to avoid the burden of accident by having an insurance company take over the liability of the owner or operator for damages caused by an accident that occurred during the operation of a motor vehicle. Thus, in ordinary cases, a policyholder or the insured and the operator of the relevant motor vehicle.

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