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1. The defendant,
A. As to the motor vehicles listed in the separate sheet from the Plaintiff, it is based on the transfer from January 19, 2012.
Reasons
1. Basic facts
A. On June 201, the Plaintiff borrowed KRW 5 million from a credit service provider under the name of the first person and consented to provide a motor vehicle listed in the separate sheet in the Plaintiff’s name (hereinafter “instant motor vehicle”) as collateral, and issued a written statement stating that “the Plaintiff would dispose of the vehicle if it fails to pay money by the end of August 201,” and documents necessary for the registration of the vehicle.
B. The Defendant or the Defendant’s birth C paid KRW 7 million to D and used the instant vehicle.
C. On January 19, 2012, the Defendant concluded an automobile insurance contract with Dong Fire Marine Insurance Co., Ltd. with the insurance period of the instant automobile from January 19, 2012 to January 19, 2013. The Defendant concluded the automobile insurance contract over two occasions (the expiration date is September 1, 2015) and continued to use the instant automobile.
From December 19, 2014 to March 11, 2015, the Plaintiff paid an administrative fine of KRW 2,012,870 to the pertinent authority for the instant automobile.
[Ground of recognition] without any dispute, Gap evidence 1, 3, 7, Gap evidence 5-1, 2-2, and the court's order to submit financial transaction information to the same fire marine insurance company, the whole purport of the pleading, and the purport of the whole pleading
2. Determination as to the cause of action
A. A person who takes over an automobile registered as to the claim for the registration of transfer of ownership of the automobile shall file an application with the Mayor/Do governor for the registration of transfer of ownership of the automobile (Article 12(1) of the Automobile Management Act); where the transferee of the automobile intends to transfer it to a third party, he/she shall file an application for the registration of transfer of ownership in his/her name before transferring it (Article 12(3) of the same Act); where the transferee of the automobile fails to file an application for the registration of transfer as above, the transferee (referring to the owner recorded in the register at