1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 30, 2014, the Plaintiff borrowed KRW 10,000,000 from the Defendant (the actual purchase price is KRW 9,000,000, which is the remainder after deducting interest from the Defendant, and on June 30, 2014, the due date is June 30, 2014), provided a motor vehicle listed in the separate sheet in the Plaintiff’s name (hereinafter “instant motor vehicle”) as security. The Plaintiff issued a written statement stating the purport that if the Defendant is unable to repay his/her obligations, and a certificate of personal seal necessary for the relocation of each motor vehicle.

B. On December 11, 2014, the Defendant failed to receive the above loan from the Plaintiff, transferred to C the above loan claim amounting to KRW 7,700,000, and transferred the possession of the instant vehicle, which is the collateral.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 8, 10, and 11, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant alleged by the Plaintiff is obligated to take over the registration of transfer of ownership of the instant motor vehicle in accordance with Article 12(1) and (3) of the Automobile Management Act, as it acquired the motor vehicle by transfer to a third party in accordance with the security agreement with the Plaintiff.

B. Determination 1) The term “person who takes over an automobile” under Article 12(1) of the Automobile Management Act refers to a person who takes over the ownership of an automobile by means of legal acts, including sale and purchase or donation. Therefore, even if the obligee received the automobile owned by the obligee, if the obligee merely takes over the automobile as collateral without agreement on the transfer of ownership, or if the obligee is delegated only the authority to dispose of the automobile instead of the vehicle to appropriate for the repayment of the claim, such obligee cannot be deemed as a “person who takes over the automobile” under Article 12(1) of the Automobile Management Act (see Supreme Court Decision 2013Do8503, Jun. 9, 2016) (see Supreme Court Decision 2013Do8503, Jun. 9, 2016).