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(영문) 서울동부지방법원 2015.06.18 2014가단47949
자동차소유권이전등록
Text

1. The Defendants are based on the transfer from the Plaintiff on September 24, 2009 with respect to the motor vehicles indicated in the separate sheet.

Reasons

1. Basic facts

A. On July 9, 2008, the Plaintiff completed the ownership transfer registration with respect to an automobile listed in the attached Form (hereinafter “instant automobile”), and the Plaintiff is currently registered as the owner of the instant automobile in the original register of the instant automobile.

B. On September 2008, the Plaintiff borrowed 4.5 million won from the person who was absent from his name, and delivered the instant vehicle to the person who was absent from his name along with the documents related to the vehicle transfer.

C. Meanwhile, around 2009, the Defendants: (a) lent money to E in the vicinity of Gangseo-gu, Busan; (b) concluded an automobile insurance contract with Samsung Fire & Marine Insurance Co., Ltd. in the Plaintiff’s name with the insurance period from September 24, 2009 to September 24, 2010; (c) thereafter, between Hyundai Marine Fire & Fire Insurance Co., Ltd. and Hyundai Marine Fire & Security Co., Ltd. with the insurance period from September 24, 201 to September 24, 201; (d) Defendant B entered into an automobile insurance contract as a contractor; and (e) between the Dongbu Fire Insurance Co., Ltd. and the Dongbu Fire Insurance Co., Ltd., Ltd. for the insurance period from September 24, 201 to September 24, 2012 to September 24, 2013; and (e) the Defendants jointly concluded the automobile insurance contract with the Defendants from September 24, 2012 to September 24, 2013.

[Reasons for Recognition] Facts without a partial dispute, each entry of Gap 1-12 evidence (including a provisional number), and the purport of the whole pleadings.

2. The transferee of a motor vehicle registered to determine the cause of the claim shall file an application with the Mayor/Do governor for the registration of transfer of ownership (Article 12(1) of the Automobile Management Act), where the transferee of a motor vehicle intends to transfer the motor vehicle again to a third party, he/she shall make the registration of transfer of ownership in his/her name before transferring it (Article 12(3) of the Automobile Management Act), and

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