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1. The defendant is based on the acquisition by transfer on June 5, 2008 from the plaintiff as to the motor vehicles stated in the separate sheet.
Reasons
1. Facts of recognition;
A. On September 2005, the Plaintiff: (a) placed a motor vehicle attached to the Plaintiff’s name (hereinafter “instant motor vehicle”) as security to the credit service provider, and borrowed KRW 7 million.
B. The Defendant purchased the instant vehicle in KRW 3 million from a person who was on the part of his name while serving as an employee in the used car selling company, and purchased the instant vehicle in the name of C and D without the transfer of ownership from June 5, 2008 to June 13, 201, immediately after retirement, and operated the instant vehicle under the name of C and D.
C. The Defendant’s operation of the instant motor vehicle without being registered under its own name, and the Plaintiff paid a total of KRW 966,320 from December 9, 2008 to June 201, and the Defendant did not receive an administrative fine of KRW 7,894,200 (the administrative fine of KRW 7,380,90 imposed for the first time from December 9, 2008 to December 24, 201). The Defendant did not undergo a close inspection of exhaust gas of KRW 7,380 (the administrative fine of KRW 513,300 imposed for the first time on June 9, 2009).
【Ground of recognition】 Facts without dispute, entries in Gap 1, 2, 4, 7, and 8, and the purport of the whole pleadings
2. Determination
(a) A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do governor (Article 12(1) of the Automobile Management Act); where the transferee of the motor vehicle intends to transfer it to a third party, he/she shall do so in his/her name before transferring it (Article 12(3) of the Automobile Management Act); where the transferee of the motor vehicle fails to file an application for the registration of transfer as above, the transferor (referring to the owner recorded in the register as at the
(Article 12(4) of the Automobile Management Act. In light of the purport of the above provision, a person registered as an owner in the register of automobiles as well as a person who directly takes over the automobile from him.