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(영문) 서울북부지방법원 2014.02.19 2013가단46228
자동차소유권이전등록절차이행
Text

1. The defendant is based on the acquisition on July 23, 2009 of the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On June 7, 2007, the Plaintiff completed new registration of an automobile as owner listed in the [Attachment List (hereinafter “instant automobile”) and is registered as owner in the said automobile register until now.

B. On September 26, 2008, the Plaintiff received a loan as collateral for the foregoing vehicle, and delivered the vehicle to the lender, and issued the documents necessary for the registration of transfer of ownership.

C. On July 23, 2009, the Defendant entered into an automobile insurance contract with the Defendant and the insurance period from July 23, 2009 to September 23, 2009, and operated the automobile. The automobile insurance contract with the insured as the unit of two months was concluded, and the automobile insurance contract continued until March 24, 2010.

[Reasons for Recognition] Facts without dispute, Gap 1's entry, fact-finding results to the Gangwon-gu Office of this Court, the purport of the whole pleadings

2. Determination on the cause of the claim

(a) A person who takes over a registered motor vehicle shall file an application with the Mayor/Do governor for a registration of transfer of ownership of the motor vehicle (Article 12(1) of the Automobile Management Act), and where the transferee of the motor vehicle fails to file an application for such registration of transfer as above, the transferor (referring to the owner recorded in the register as at the time the application for

(4) Article 12(4) of the Automobile Management Act provides that the owner and the transferee recorded in the original register may file an application for ownership transfer registration on behalf of the transferee, regardless of whether there is a direct legal relationship between the owner and the transferee. Thus, if the Defendant is found to have acquired the instant automobile, the Plaintiff entered in the said original register as the owner shall be deemed to have the right to file an application for ownership transfer registration on the said automobile with the Defendant pursuant to the said provision.

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