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(영문) 수원지방법원 안산지원 2017.02.03 2016가단5320
자동차소유권이전등록절차이행등
Text

1. The defendant is based on the acquisition by transfer on January 21, 2013 of the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On December 2, 2011, the Plaintiff is a person registered as an owner in the register of automobiles until now after completing the ownership transfer registration with respect to the motor vehicle listed in the annexed sheet (hereinafter “instant motor vehicle”).

B. On March 2012, the Plaintiff borrowed money from a lending business entity under his/her name and offered the said lending business entity as security, and the Plaintiff also delivered a document entrusting the Plaintiff to dispose of the instant vehicle if the Plaintiff is unable to repay the borrowed money.

C. Since then, as the Plaintiff failed to repay the above borrowed money, the said borrower disposed of the instant vehicle and transferred it to another person.

On January 21, 2013, the Defendant: (a) taken over the instant automobile from the person who acquired the instant automobile from the said borrower or the said borrower; (b) purchased the automobile insurance in his name from the person who acquired the instant automobile; and (c) started to operate the said automobile after purchasing the automobile insurance in his name.

E. On August 13, 2013, the Defendant newly subscribed to Hyundai Marine Automobile Insurance on the instant automobile, and continued to operate the said automobile after subscribing to the Eastern Fire Insurance on August 13, 2014.

F. Since then, C subscribed to automobile insurance in its own name on March 16, 2015, D on September 17, 2015, and E on November 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the Plaintiff’s assertion was that the Defendant acquired the instant motor vehicle on March 16, 2015, and thus, the Plaintiff, the registered titleholder of the instant motor vehicle, is obliged to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff.

B. The summary of the defendant's assertion is that the defendant takes custody of the automobile of this case for the purpose of security while lending money to the land owner.

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