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(영문) 전주지방법원정읍지원 2017.10.31 2016가단2152
자동차소유권이전등록
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 2002, the Plaintiff asserted that the Plaintiff offered the instant automobile as security by borrowing KRW 15 million from the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s punishment, and thereafter, the Plaintiff purchased the instant automobile as a result of the Defendant’s exercise of the instant automobile security right and operated the instant automobile after purchasing the Defendant’s liability insurance.

Therefore, the defendant is the transferee of the automobile of this case and is obligated to take over the transfer registration procedure for the automobile from the plaintiff.

2. Determination

A. Article 12(1) of the Automobile Management Act provides, “A person who has acquired a registered motor vehicle shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do Governor as prescribed by Presidential Decree,” and Article 12(3) of the same Act provides, “Where a person who has acquired a motor vehicle again intends to transfer a motor vehicle to a third party, he/she shall file the registration of transfer under paragraph (1) in his/her name before transfer,” and Article 12(4) of the same Act provides, “Where a person who has acquired a motor vehicle fails to file an application for the registration of transfer under paragraph (1), he/she may file an application for the registration of transfer (referring to the owner recorded in the register at the time of the application for the registration of transfer) in lieu of the transferee, as prescribed by Presidential Decree.” In full view of the content thereof, Article 12 of the Automobile Management Act is a provision

B. As to the instant case, there is no dispute between the parties as to the fact that the Defendant had subscribed to liability insurance for the instant motor vehicle from September 18, 2005 to January 25, 2008.

However, a person who is obligated to subscribe to the liability insurance for motor vehicles is the owner of the motor vehicle (Article 5(1) of the Guarantee of Automobile Accident Compensation Act), and the term "motor vehicle owner" means the owner of the motor vehicle or a person entitled to use the motor vehicle for himself/herself.

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