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1. At the request of an exchange change from the trial, the defendant is about the motor vehicle stated in the attached Form from the plaintiff.
Reasons
1. Facts of recognition;
A. At the end of May 198, the Plaintiff transferred all documents and automobiles necessary for the registration of ownership transfer of the instant automobile, upon requesting the sales of the instant automobile owned by the Plaintiff to the sales company located at the seat of the Gyeongjin-gun, Chungcheongnam-gun, Chungcheongnam-do, 1998. However, without the transfer registration of ownership, the instant automobile is registered as its owner until now.
B. On July 17, 200, the Defendant acquired the instant automobile from the used car dealer located in the Chungcheongbuk-do, and then concluded the automobile comprehensive insurance contract with the Japanese Fire Insurance Co., Ltd. (former Korean Fire Insurance Co., Ltd.) from July 18, 200 to July 18, 2001, with the insurance period from July 18, 200, with the insured as the defendant, and later, concluded the automobile comprehensive insurance contract with the insurance period from July 18, 2001 to July 18, 2004, with the insurance period from July 18, 2001 to July 18, 2004, and replaced the said insurance with the insurance period for the newly purchased car by the defendant.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. Article 12(1) of the Automobile Management Act provides that “A person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor,” and Article 12(4) of the same Act provides that “Where a transferee of a motor vehicle fails to file an application for the registration of transfer of ownership, a transferor (referring to the owner recorded in the register at the time of the application for the registration of transfer of ownership) may file an application on behalf of the transferee.” Thus, a person registered as an owner in the register of motor vehicle may seek the registration of transfer of ownership from not only a person who directly takes over
Supreme Court Decision 2012Da11679 Decided August 23, 2012 and Suwon District Court Decision 23 December 2011.