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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 16, 2001, the Plaintiff asserted that the cause of the claim occurred. On April 16, 2001, the Plaintiff: (a) borrowed KRW 5 million from an unregistered credit service provider; (b) registered the ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) in the name of the Plaintiff; and (c) created a mortgage over KRW 29.6 million to Hyundai Swiss Mutual Savings Bank.
At the time, the Plaintiff did not receive the instant vehicle, and delivered the vehicle abandonment note, transfer registration document, and certificate of seal imprint to the said credit service provider.
After one year, the Plaintiff intended to repay the borrowed money and return the instant vehicle to the Plaintiff, but the contact with the said credit service provider was interrupted, and the instant vehicle was subject to registration of seizure due to multiple fines for negligence in arrears.
However, with respect to the instant automobile registered in the name of the Plaintiff, the Defendant subscribed to the automobile insurance with the Plaintiff and the contractor as the Defendant from December 31, 2007 to November 12, 2010.
The defendant is obligated to take over the transfer registration procedure based on the transfer on December 31, 2007 of the instant automobile from the plaintiff, since it is deemed that he/she has taken over the vehicle.
2. According to the evidence Nos. 1 and 2 (including the paper number), the Defendant’s subscription to the mandatory insurance with respect to the instant automobile as a contractor for the period from December 28, 2007 to November 12, 201, may be acknowledged. However, there is no evidence to acknowledge the Defendant’s transfer of the instant automobile solely based on the aforementioned purchase.
The plaintiff's above assertion is without merit.