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(영문) 대구지방법원 2015.10.08 2014나18269
자동차소유권이전등록절차인수
Text

At the request of a change from the trial, the defendant shall make an exchange with the plaintiff on the motor vehicle stated in the attached Form from the plaintiff.

Reasons

1. Facts of recognition;

A. On July 20, 2002, the Plaintiff: (a) requested the sales company of the instant automobile owned by oneself to a used car sales company; (b) delivered all the documents necessary for ownership transfer registration and the instant automobile; (c) however, the instant automobile was registered as its owner without the ownership transfer registration.

B. On November 19, 2009, the Defendant entered into a comprehensive automobile insurance contract with LIG damage insurance company for the instant automobile from November 19, 2009 to November 19, 2010, and with the insured as the Plaintiff. The special terms and conditions that make it possible for anyone to drive are included in the contents of the said insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Article 12(1) of the Automobile Management Act provides that “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor,” and Article 12(4) of the same Act provides that “Where a transferee of a motor vehicle fails to file an application for the registration of transfer of ownership, a transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer of ownership) may file an application on behalf of the transferee.” Thus, a person registered as an owner in the register of motor vehicle may seek the registration of transfer of ownership for not only the person who directly takes over

(See Supreme Court Decision 2012Da11679 Decided August 23, 2012, and Suwon District Court Decision 201Na26633 Decided December 23, 201, etc.). Furthermore, the health care unit for the instant case, as seen earlier, the Defendant, as a contracting party on November 19, 2009, is able to pay insurance proceeds from an accident even if he/she drives the instant motor vehicle when he/she is aged 30 or older.

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