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(영문) 인천지방법원 2018.04.24 2017가단20998
자동차소유권이전등록
Text

1. The defendant is based on the transfer from the plaintiff on June 3, 2009 concerning the motor vehicles listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The automobiles listed in the separate sheet (hereinafter “instant automobiles”) were owned by Nonparty C. The Plaintiff acquired the instant automobiles from Nonparty C on August 31, 2004.

B. The Plaintiff transferred the instant motor vehicle to a person who was unaware of his name, along with all the documents necessary for the registration of transfer of ownership.

C. Meanwhile, C filed a lawsuit against the Plaintiff on the claim for the acquisition of the procedure for the transfer of ownership of a motor vehicle by Seoul Northern District Court 2013Kadan18391, and on September 24, 2013, the above court sentenced C to the effect that “the Plaintiff shall accept from C the transfer registration procedure for the instant motor vehicle on August 31, 2004,” and the above judgment became final and conclusive as it is.

The Defendant, on June 3, 2009, delivered the instant motor vehicle from a person under his/her name to his/her own name, and delivered the power of attorney, a certificate of responsibility, C’s personal seal impression, a certified resident registration certificate, and D’s resident registration certificate as to the waiver of ownership of the instant motor vehicle, and concluded each motor vehicle insurance contract with respect to the said motor vehicle between Hyundai Marine Fire Insurance Co., Ltd. and Hyundai Marine Fire Insurance Co., Ltd. for the insurance period from June 3, 2009 to June 3, 2010; and from June 3, 2010 to June 3, 2011; and from June 3, 2011 to June 3, 2012.

In addition, when the head of Gangseo-gu Seoul Metropolitan Government kept the number plate of the instant vehicle on the grounds of the unpaid automobile tax, he/she paid each automobile tax on April 9, 201 and March 30, 201 and received the number plate returned.

[Grounds for Recognition: Facts without dispute; Gap evidence 1 through 3; Eul evidence 1 through 4; Eul evidence 5-1 and 2; each fact inquiry results against the head of Gangseo-gu Seoul Metropolitan Government, Hyundai Marine Fire Insurance Co., Ltd.; the purport of the whole pleadings and arguments]

2. The person who takes over a registered automobile shall file an application with the Mayor/Do governor for the registration of transfer of ownership (Article 12(1) of the Automobile Management Act).

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