Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 26, 2014, the Plaintiff completed the ownership transfer registration under the name of the automobile listed in the separate sheet (hereinafter “instant automobile”).
B. On July 6, 2014, the Plaintiff borrowed money from a person who was unaware of his/her name, and transferred all documents and automobiles necessary for the transfer of ownership of a motor vehicle to a person who was unaware of name.
C. The Defendant concluded a liability insurance contract between Samsung Fire Marine Insurance Co., Ltd. and the insurance period from July 7, 2014 to January 7, 2015.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. On July 6, 2014, the Plaintiff alleged that he/she sold the instant motor vehicle to a person who was unaware of his/her name, and thereafter transferred the said motor vehicle to the Defendant.
However, since the Defendant did not transfer the registration title of the said motor vehicle and thus imposes various taxes and traffic penalties on the Plaintiff in relation to the operation of the instant motor vehicle, the Defendant is obligated to take over the transfer registration procedure based on the transfer agreement on July 6, 2014 from the Plaintiff.
3. According to the above facts of recognition, the Defendant’s vehicle insurance purchased from July 7, 2014 to January 7, 2015, and operated the instant vehicle.
However, in order for the Plaintiff to file a claim against the Defendant for the acquisition of the transfer registration procedure for the instant automobile, there is no evidence to acknowledge that there was an agreement on the transfer registration of ownership in the form of middle omission between the Plaintiff or the person in unsound name and the Defendant on a legitimate transfer/acquisition contract for the instant automobile directly between the Plaintiff and the Defendant, or between the intermediate parties in the process of the transfer/acquisition to the Defendant and the Defendant.
Rather, the following circumstances acknowledged by the aforementioned evidence, i.e., the mortgage was established from the time of the purchase of the instant vehicle, and in fact the Plaintiff.