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(영문) 대전지방법원논산지원 2015.06.11 2014가단5787
자동차소유권이전등록절차인수
Text

1. The defendant is based on an agreement from the plaintiff on the transfer of the motor vehicle stated in the separate sheet by date in the annexed sheet.

Reasons

Basic Facts

A. On September 16, 2010, the Plaintiff completed the ownership transfer registration for an automobile listed in the separate sheet (hereinafter “instant automobile”). The Plaintiff is also registered as the owner of the instant automobile until now in the original register of the instant automobile.

B. On September 20, 2010, the Plaintiff borrowed money from a person with no personal knowledge, and delivered the instant vehicle to the person with no personal name, and the Plaintiff covered all necessary documents for the transfer of the instant vehicle to the name of the person with no personal knowledge, and the vehicle waiver letter.

C. The Defendant purchased the instant motor vehicle from C in around 2012 and delivered it, and concluded each motor vehicle insurance contract with regard to the instant motor vehicle from December 21, 2012 to December 21, 2013; from December 21, 2013 to December 21, 2014; from December 21, 2013 to December 21, 2014; and thereafter, operated the instant motor vehicle.

[Based on the fact that there is no dispute, Gap evidence No. 1, the result of this court's order to submit financial transaction information to Samsung Fire and Marine Insurance Co., Ltd., the transferee of a motor vehicle which is registered to determine the cause of claim as a whole of pleadings shall file an application with the Mayor/Do governor for the registration of transfer of ownership of the motor vehicle (Article 12 (1) of the Automobile Management Act). Where the transferee of a motor vehicle intends to transfer the motor vehicle again to a third party, he/she shall make the registration of transfer under his/her own name before the transfer (Article 12 (3) of the Automobile Management Act). Where the transferee of a motor vehicle fails to file an application for the registration of transfer, the transferor (referring to the owner recorded in the register at the time of applying for the registration of transfer) may file an application in lieu of the transferee (Article 12 (4) of the Automobile Management

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