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(영문) 광주지방법원 2015.03.27 2014가단26700
자동차소유권이전등록절차 인수청구
Text

1. The defendant is based on trade around June 25, 2002 on the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On February 20, 2001, the Plaintiff completed the registration as the owner of an automobile listed in the separate sheet (hereinafter “instant automobile”) and registered as the owner in the said automobile register until now.

B. On 2002, the Plaintiff requested a third party to sell and purchase the instant motor vehicle with respect to the instant motor vehicle, and delivered the said motor vehicle with all documents necessary for the registration of transfer along with the documents required for the registration of transfer.

C. On May 16, 2002, the Defendant purchased and delivered the instant automobile through the automobile dealer.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. A person who takes over a motor vehicle registered as determined shall apply for the registration of transfer of ownership to the Mayor/Do Governor, and where a transferee of a motor vehicle fails to apply for the registration of transfer, an owner recorded in the register may apply for the registration of transfer in lieu of a transferee;

(1) Article 12(1) and (4) of the Automobile Management Act provides that “The Defendant, who purchased the instant vehicle pursuant to Article 12(4) of the Automobile Management Act, has the obligation to take over the transfer registration procedure from the owner recorded in the register regardless of who purchased the instant vehicle from anyone, and whether he/she occupies and operates the instant vehicle at present.”

Therefore, even if the Defendant did not purchase the instant motor vehicle from the Plaintiff, the Defendant is obligated to take over the transfer registration procedure from the Plaintiff, the owner recorded in the instant motor vehicle register, as the Defendant purchased the instant motor vehicle.

Therefore, the defendant is based on the sale around June 25, 2002, as requested by the plaintiff as to the automobile of this case from the plaintiff.

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