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(영문) 인천지방법원부천지원 2016.04.28 2015가단26667
자동차소유권이전등록
Text

1. The Defendant is based on the acquisition by transfer on October 18, 201 from the Plaintiff as to the motor vehicles indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 201, the Plaintiff provided a bond company with a name-free certificate as collateral and received a loan of KRW 4 million from the Plaintiff, and issued all documents necessary for the vehicle waiver statement and the transfer of ownership registration, including a certificate of personal seal impression, to the effect that the Plaintiff would waive ownership of the instant vehicle if the said loan is not repaid.

B. On October 18, 2011, the Defendant entered into an insurance contract with Hyundai Marine Fire Insurance Co., Ltd. regarding the instant motor vehicle from October 18, 201 to March 11, 2015 while operating the instant motor vehicle by taking over the instant motor vehicle from a person with no personal knowledge.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding results against the head of the original Si/Gu in Busan District in this Court, the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the Defendant acquired the instant motor vehicle by means of transfer on October 18, 201, from a bond company acquiring the instant motor vehicle by means of transfer, or from a person who transferred it and purchased the instant motor vehicle before it.

However, a person who takes over a registered motor vehicle shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor, and where the transferee of the motor vehicle fails to file an application for the registration of transfer, the owner recorded in the register may file an application for the registration of transfer on behalf of the transferee (Article 12(1) and (4) of the Motor Vehicle Management Act). The defendant is liable to file the registration of

B. On March 2015, the Defendant asserts that there is no obligation to accept the registration procedure for ownership transfer of the instant vehicle since he/she sold the instant vehicle again to the person who was unaware of his/her name. However, even if the Defendant’s alleged fact is recognized, the Defendant may again file a claim against a third party for the acquisition of ownership transfer registration procedure.

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