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(영문) 서울북부지방법원 2015.10.20 2014가단13027
자동차 소유권이전등록절차이행
Text

1. The defendant is based on the transfer from the plaintiff on March 2009 of the motor vehicle stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 2004, the Plaintiff borrowed KRW 5 million from the person who was unaware of his name. At the time, the Plaintiff delivered the automobiles listed in the separate sheet (hereinafter “instant automobiles”) to the person who was unaware of his name as collateral, and issued a vehicle waiver statement, proxy, certificate of personal seal impression, etc.

B. As the Plaintiff failed to repay the above borrowed amount, the above person in bad name sold the instant automobile, and the Defendant acquired the instant automobile from a seller of the second and second vehicles around March 2009 through the Internet set up on the Internet set, and around that time, the maturity of the said automobile insurance contract seems to be July 15, 2014 with the Plaintiff as the insured between the Dongbu Fire Marine Insurance Co., Ltd. and the Dongbu Fire Marine Insurance Co., Ltd. as the insured.

B signed the instant automobile and operated the instant automobile.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. A person who takes over a motor vehicle registered as determined shall apply for the registration of transfer of the ownership of a motor vehicle to the Mayor/Do Governor, and where the transferee of a motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for

(See Article 12(1) and (4) of the Automobile Management Act (see Article 12(1) of the Automobile Management Act). According to the above facts, it is reasonable to deem that the Defendant acquired the instant automobile from the Plaintiff as a transfer for transfer, or from the first purchaser of the instant automobile, or from the person who acquired it by transfer, around March 2009. Thus, the Plaintiff registered as the owner on the automobile register may seek that the Defendant take over the transfer registration procedure for the instant automobile on the ground of

Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff on or around March 2009, as the reason of the transfer agreement.

In regard to this, the defendant, a secondhand distributor, shall register the ownership transfer of automobiles.

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