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(영문) 의정부지방법원고양지원 2016.09.02 2015가단86837
소유권이전등록
Text

1. The defendant shall transfer the ownership of a motor vehicle listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person registered as an owner in the register of automobiles listed in the annexed sheet (hereinafter “instant automobile”).

B. On August 2013, the Plaintiff provided the instant automobile as security, upon receiving a loan from a person who was not the person with no name.

C. Around March 25, 2013, the Defendant acquired the instant automobile from C and used the said real estate, and transferred it again to Nonparty D on December 2013.

On March 25, 2013, the Defendant was convicted of each of the facts constituting a violation of the Automobile Management Act that the Defendant acquired the instant vehicle from Suwon District Court No. 2014Da478, and did not comply with the procedure for the registration of the transfer of ownership, and was issued a summary order on the ground that the Defendant did not transfer the instant vehicle to D on or around the beginning of December 2013 and did not transfer the instant vehicle to D, thereby having violated the Automobile Management Act.

As of the closing date of the argument in this case, the attachment registration has been completed in the above register of automobiles due to automobile tax, administrative fine, etc. imposed on the instant automobile as of the closing date of the argument in this case, and the Plaintiff does not pay automobile tax, administrative fine, etc.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

(a) A person entered in the register of automobiles in the register of automobiles where the ownership transfer registration is requested, as well as a person who directly has taken over, or has taken over, a motor vehicle from him/her, may seek the acquisition of the ownership transfer registration procedure;

(2) According to the above facts, the defendant acquired the automobile of this case from the person who received the automobile of this case as security from the plaintiff, and the plaintiff was registered as the owner in the automobile register of this case. Thus, since the defendant is registered as the owner in the automobile register of this case.

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