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(영문) 대구지방법원 2017.11.10 2016가단16389
자동차소유권이전등록
Text

1. The defendant shall make 3.0 of the plaintiff (appointed party) with respect to the motor vehicles stated in the attached Form from the plaintiff (Appointed party) and the appointed party.

Reasons

1. Basic facts

A. On July 18, 2012, the network E completed the transfer of ownership registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

On January 25, 2015, the Deceased died. The deceased’s heir as the deceased’s spouse (the appointed party; hereinafter “Plaintiff”), the Deceased and the Plaintiff’s children, C, and D.

B. The Deceased sold the instant vehicle to a person who explained and failed to explain the present vehicle, and issued all documents necessary for the registration of ownership transfer, and delivered the said vehicle.

C. Meanwhile, around July 15, 2014, the Defendant concluded an automobile insurance contract between Hyundai Marine Fire Insurance Co., Ltd. with the Defendant and the insurance period from July 15, 2014 to July 15, 2015 with respect to the instant automobile.

The instant motor vehicle is registered with attachment due to unpaid taxes, public charges, administrative fines, etc.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 6, 13, the purport of the whole pleadings

2. Request for the procedures for ownership transfer registration;

(a) A person who takes over a motor vehicle registered to determine the cause of claim shall file an application for the registration of transfer of ownership with the Mayor/Do governor, and where the transferee of the motor vehicle fails to file an application for the registration of transfer, the transferor (referring to the owner recorded in the register as at the time the application for the registration of transfer is filed) may do

(Article 12(1) and (4) of the Automobile Management Act. A person entered as an owner in the automobile register may seek a transfer registration procedure from not only a person who has directly acquired an automobile from him but also a person who has acquired or has acquired it from him.

Suwon District Court Decision 201Na26633 Decided December 23, 2011; Supreme Court Decision 2012Da11679 Decided August 23, 2012; Supreme Court Decision 2012Da1679 Decided August 23, 201; and Supreme Court Decision 33 March 13, 2014.

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