(영문) 서울동부지방법원 2014.05.23 2013가단48051

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2014.05.23 2013가단48051

자동차소유권이전등록절차인수

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 2002, the Plaintiff asserted that, as security, a vehicle listed in the separate sheet owned by the Plaintiff (hereinafter “instant vehicle”) was leased KRW 4 million from the borrower, and if the borrower is unable to repay the loan within the due date, the Plaintiff waived the vehicle, and issued all necessary documents before the name of the vehicle.

As the Plaintiff was unable to repay the loan within the time limit, the borrower disposed of the instant vehicle, and the Defendant subsequently acquired the instant vehicle by transfer or by transfer.

Therefore, the defendant, as the transferee of the instant automobile, is obligated to take over the transfer registration procedure of the instant automobile from the plaintiff pursuant to Article 12 (1), (3), and (4) of the Automobile Management Act.

2. Determination

A. Article 12(1) of the Motor Vehicle Management Act provides, “A person who acquires a registered motor vehicle shall file an application with the Mayor/Do Governor for the registration of transfer of the ownership of the motor vehicle (hereinafter referred to as “registration of transfer”), “Where the transferee of the motor vehicle intends to transfer the motor vehicle to a third party again, he/she shall file an application for the registration of transfer under paragraph (1) in his/her name before the transfer,” and “where the transferee of the 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

B. Therefore, in order for the Plaintiff to apply for the registration of the transfer of the ownership of a motor vehicle against the Defendant as the owner recorded in the instant motor vehicle register, the Defendant must prove that it is the direct transferee or the full-time transferee of the motor vehicle.

C. However, according to the purport of Gap evidence No. 2 and all pleadings, the defendant is again from February 13, 2004 to February 13, 2006.

참조조문

-자동차관리법 제12조

-자동차관리법 제12조 제1항

유사 판례

-서울북부지방법원 2015.04.24 2014가단24638

-서울북부지방법원 2014.02.19 2013가단46228

-대전지방법원 2015.09.04 2015나975

-대구지방법원 2014.08.29 2014가단6746

-대구지방법원 2014.12.18 2013가단62183