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(영문) 대법원 2018.10.04 2017다244139
자동차 소유권이전등록 등 청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. According to the Specialized Credit Financial Business Act, a facility leasing company is a financing method established by an agreement between the parties with respect to the disposal of goods after the period of use, instead of newly acquiring or borrowing specific goods and allowing the lessee to use them for a certain period.

(Article 2 subparag. 10 of the Specialized Credit Financial Business Act (Article 2 subparag. 10 of the Specialized Credit Financial Business Act). In cases where a lessor leases a vehicle, he/she may register it in the name of the lessee notwithstanding the Motor Vehicle Management Act (Article 33(1) of the Specialized Credit Financial Business Act); and the lessee bears all the obligations related to the maintenance and management of the vehicle, such as an inspection order under Article 43 of the Motor Vehicle Management Act (Article 34(1) of the Specialized Credit Financial Business Act); and in cases where a lessee causes damage to another person while operating a vehicle leased by a lessee, the lessor shall not be deemed a person who operates the vehicle for his/her own sake when Article 3 of the Motor Vehicle Accident Compensation Guarantee Act applies (Article 3

In the event that the above provisions on the lease of a vehicle newly acquires the ownership of the vehicle and leases the vehicle, the ownership of the vehicle is reserved in the facility leasing company: Provided, That it is reasonable to interpret that the above provisions on the lease of the vehicle provide for special cases on the Motor Vehicle Management Act to allow the lessee to register the vehicle in the name of the lessee who is not the owner of the facility leasing company for convenience by having the lessee bear various administrative duties concerning the maintenance and management of the vehicle according to the realistic and economic needs.

Therefore, Article 33 (1) of the Specialized Credit Financial Business Act is applicable.

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