Text
1. The Defendant is based on the transfer from the Plaintiff on November 12, 2013 regarding the motor vehicles indicated in the separate sheet.
Reasons
1. Facts of recognition;
A. On October 8, 2013, the Plaintiff: (a) completed the ownership transfer registration for a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”); (b) borrowed money by offering the instant motor vehicle as collateral to a name-disadvantaged person at that time; and (c) provided documents necessary for the ownership transfer registration of the instant motor vehicle under an agreement to transfer the motor vehicle if the Plaintiff is unable to repay the borrowed money.
B. On November 11, 2013, the Defendant purchased 4.75 million won of the instant motor vehicle from C via the Internet, and concluded each motor vehicle insurance contract with the country of interest, marine fire insurance company and the instant motor vehicle from November 12, 2013 to February 12, 2014, the insurance period of which is set from November 12, 2013 to February 12, 2014; and on February 12, 2014, the insurance period of which is set from February 12, 2014 to May 12, 2014. On June 12, 2014, the Defendant was notified that the instant motor vehicle was driven and passed front of the Driju station along the south cycle, and was paid as a penalty in violation of signal or instruction.
[Ground of recognition] Facts without dispute, Gap evidence, Gap evidence, Gap evidence, Gap evidence, and Gap evidence (including each number), each fact inquiry results against the head of Daegu Metropolitan City/Seoul Metropolitan City, the head of Daegu Southern Police Station, the purport of the whole pleadings, and 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 for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor, and where the transferee of the motor vehicle has failed to file an application for the registration of transfer, the transferor (referring to the owner recorded in the register as at the time of the application for the registration
(Article 12(1) and (4) of the Automobile Management Act, and a person recorded as an owner in the register of automobiles may seek a transfer registration procedure from not only a person who has directly acquired, but also a person who has acquired, or has acquired, a motor vehicle from him/her.
Supreme Court Decision 201No. 23. 8. 201