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1. The defendant is based on the acquisition on May 30, 2005 from the plaintiff as to the motor vehicles stated in the separate sheet.
Reasons
1. Facts of recognition;
A. On June 2002, the Plaintiff: (a) entrusted a credit service provider under his name and omitted name with a motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) owned by the Plaintiff as security; and (b) lent KRW 2 million to the Plaintiff on September 2002.
After the maturity date, the Plaintiff prepared a letter that the credit service provider can dispose of the motor vehicle, and issued necessary documents before the vehicle.
B. The Plaintiff intended to repay a loan around October 200, but the Plaintiff disposed of a motor vehicle after the lapse of the credit service provider’s time limit.
C. Around 2003, the Defendant: (a) received the instant automobile as security; and (b) disposed of the instant automobile from May 30, 2005 to June 1, 201; and (c) purchased mandatory insurance in its name from May 30, 2005 to June 1, 201.
[Judgment of the court below] Facts without dispute, Gap 1 and 2 evidence, and the purport of the whole pleadings
2. A person who takes over a motor vehicle registered as such 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 a person who takes over a motor vehicle intends to transfer it to a third party, he/she shall do so in his/her name before transferring it (Article 12 (3) of the Automobile Management Act); where a person who takes over a motor vehicle fails to file an application for the registration of transfer as above, the transferor (referring to the owner recorded in
(Article 12(4) of the Automobile Management Act. In light of the purport of the above provision, a person registered as an owner in the register of automobiles can seek the procedure of transfer registration for ownership transfer as well as a person who has been transferred, or transferred, from him/her again, as well as a person who has been transferred, from him/her.
Therefore, as seen earlier, the Defendant, who acquired the instant automobile, seeks from the Plaintiff concerning the instant automobile.