1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 2, 2001, the Plaintiff completed the ownership transfer registration under the name of the automobile listed in the separate sheet (hereinafter “instant automobile”).

B. In around 2002, the Plaintiff transferred the instant automobile to the deceased C, and the deceased C transferred the instant automobile to the Defendant in December 2, 2007.

C. From December 21, 2007, the Defendant subscribed to and operated the automobile insurance in its name. Since then on June 8, 201, the Defendant decided to cancel the transfer agreement with the deceased C, and returned the instant vehicle and purchased D Newcomman vehicle to substitute the automobile insurance.

The automobile insurance contract was concluded between October 28, 201 and January 10, 2014 with respect to the instant automobile as the insured.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 evidence, the purport of the whole pleadings

2. The Plaintiff asserts that even though the Defendant acquired the instant motor vehicle from the Plaintiff in succession through the deceased C, the Plaintiff operated the instant motor vehicle without completing the transfer registration procedure in its name. Accordingly, the Plaintiff, the owner of the motor vehicle register, imposed taxes, public charges, and administrative fines on the Plaintiff, who is the owner of the motor vehicle register. Therefore, the Defendant is obliged to take over the transfer registration procedure based on the transfer contract of December 21, 2007.

In cases where a transferee of a motor vehicle does not transfer a registered title even after the transfer of the motor vehicle from the transferor, the transferor may seek against the transferee the procedure for accepting the transfer of ownership (see, e.g., Supreme Court Decision 2003Da2949, Apr. 22, 2003). In light of the purport of Article 12(4) of the Motor Vehicle Management Act, the owner recorded in the register at the time of application is entitled to apply for the transfer of ownership on behalf of the transferee, and is registered as the owner in the register of motor vehicle.