(영문) 인천지방법원 2015.12.17 2015가단219930

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(영문) 인천지방법원 2015.12.17 2015가단219930

차량인도

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1. The defendant is limited to the reason of sale on May 17, 2007 with respect to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On February 13, 2001, the Plaintiff completed new registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. On March 11, 2002, Nonparty C, a bond company, went away from the instant vehicle to the Plaintiff. Since then, the instant vehicle was distributed in the so-called large-sized vehicle.

C. On May 17, 2007, the Defendant purchased the instant vehicle from Nonparty D with KRW 2 million and operated the automobile insurance after purchasing it.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. A person who takes over a motor vehicle registered as determined 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 owner recorded in the register may file an application for the registration of transfer on behalf of the transferee (Article 12(4) and (1) of the Automobile Management Act). The defendant who purchased the motor vehicle of this case has the obligation to take over the transfer registration procedure for the motor vehicle of this case from the plaintiff recorded in the register as the owner on May 17

The defendant asserts that the plaintiff voluntarily resigned from the automobile of this case. The plaintiff and the defendant did not have any legal act which could cause the acquisition of ownership, such as the sale and purchase of the automobile of this case, and there was no agreement from the plaintiff to the defendant on the transfer of ownership from all the persons involved in the process of distributing the automobile of this case to the defendant. Thus, the plaintiff cannot seek the acquisition of the transfer of ownership directly against the defendant. However, the person registered as the owner in the automobile register cannot take over the transfer of ownership again from him as well as the person directly taking over the automobile of this case.

참조조문

-자동차관리법 제12조 제4항

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