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(영문) 인천지방법원 2015.06.04 2014가단86133
자동차소유권이전등록절차인수
Text

1. The defendant is based on the acquisition by transfer around July 2007 on the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1-1, 2, and 2-4; Gap evidence 1-2, and the fact inquiry results to the head of the Incheon Seo-gu Office of Seo-gu, Incheon.

On November 24, 2003, the deceased C prepared a certificate of personal seal impression, loan documents, and a certificate of renunciation of vehicle, etc. necessary to purchase a vehicle as stated in the attached list (hereinafter “instant vehicle”) with the intent of proposing to offer money when purchasing a vehicle with a bond company with a name-free bond business operator as of November 2003, and offered the certificate of personal seal impression, loan documents, and the certificate of renunciation of vehicle as of November 24, 2003, but did not acquire the instant vehicle.

B. On July 18, 2007, the Defendant acquired the instant automobile from the person in bad name, and then, around the 18th day of the same month, purchased a liability insurance policy for Samsung Fire Marine Insurance in the name of its employee D, and around July 14, 2009, the Defendant purchased a liability insurance policy to the Mz fire insurance company in the name of the Defendant.

C. The deceased C died on or around December 31, 2012, and the heir is his spouse E and his father and son, and E and F agreed to waive the inheritance of the instant motor vehicle and transfer the instant motor vehicle to the Plaintiff.

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant, around July 2007, acquired the automobile of this case from the bond company with no name, and therefore, he is obligated to accept the transfer registration procedure for the automobile of this case.

As to this, the defendant asserts that the claim of this case against the defendant is unfair since he did not own or occupy the motor vehicle of this case.

(b) The Automobile Management Act (1) provides that a person who acquires a registered motor vehicle shall register the transfer of ownership of the motor vehicle (hereinafter referred to as "transfer registration") to the Mayor/Do Governor as prescribed by Presidential Decree.

application. The application shall be filed.

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