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(영문) 대구지방법원안동지원 2015.10.07 2015가단2027
자동차소유권이전등록절차인수등 청구
Text

1. As to the share of 99/100 from the Plaintiff (Appointed Party) among the vehicles listed in the separate sheet, the Defendant shall select and appoint them.

Reasons

1. Facts of recognition;

A. On September 2, 2010, Plaintiff (Appointed Party) A (hereinafter “Plaintiff A”) and Appointor D (hereinafter “Plaintiff”) among the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”), the Plaintiff A9/100 and the Appointor D1/100 shares are those who have completed the transfer of ownership in its name.

B. The Plaintiff, at the end of 2010, delivered the instant vehicle to the person who is the head of the ECE office, who requested the sale of the instant vehicle, along with the documents necessary for the registration of transfer.

C. In November 2010, the Defendant purchased the instant vehicle through the “Executive Secretary” and operated the instant vehicle, and transferred it again to F on June 2, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5 through 9, and the purport of the whole pleadings

2. The assertion and judgment

(a) A person who takes over a motor vehicle registered to determine the cause of the claim shall apply for the registration of transfer of the ownership of the motor vehicle to the Mayor/Do Governor, and where the transferee of the motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for

(1) Article 12(4) and (1) of the Automobile Management Act (Article 12(4) of the Automobile Management Act). Accordingly, the Defendant purchased the instant automobile from the Plaintiff, the owner of the instant automobile recorded in the original register, and D on December 31, 2010, is obligated to take over the transfer registration procedure for the instant automobile due to the transfer of ownership from the Plaintiff, A, and D on December 31, 20

B. The defendant's assertion and judgment 1) asserted that the defendant purchased the instant motor vehicle from the person "the head of the Eth office", but operated the instant motor vehicle without making a transfer registration, and there is no means to conclude a sales contract with the plaintiff, and thus, he does not have the obligation to accept the transfer registration procedure for the instant motor vehicle. However, the plaintiff A purchased the instant motor vehicle.

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