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1. The defendant is based on the transfer agreement on February 16, 2007 with respect to the motor vehicles listed in the separate sheet from the plaintiff.
Reasons
1. Basic facts
A. On September 16, 2002, the Plaintiff: (a) registered new ownership of an automobile listed in the separate sheet (hereinafter “instant automobile”); and (b) C, the Plaintiff’s creditor, owned the instant automobile as a security for transfer or a security for payment in substitutes around the beginning of 2007.
B. In early 2007, the Defendant purchased the instant motor vehicle from the Nonparty, and at the time, the Defendant was aware that the owner on the instant motor vehicle register was the Plaintiff, and the Nonparty received the instant motor vehicle from the Plaintiff as a collateral for transfer to the Defendant and her own.
C. As to the instant automobile, the Defendant subscribed to the automobile liability insurance from February 16, 2007 to February 16, 2008, and D, the Defendant’s wife, purchased the automobile liability insurance from February 16, 2008 to February 14, 2009.
Grounds for recognition: Gap 1, 2, and the whole purport of the pleading
2. Determination
(1) Article 12 of the Motor Vehicle Management Act provides that "A person who acquires a motor vehicle registered (i) shall file an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree (hereinafter referred to as "registration of transfer"). (3) Where a person who has acquired a motor vehicle intends to transfer a motor vehicle to a third party again, he/she shall file an application for the registration of transfer under paragraph (1) in his/her name before such transfer. (4) Where a person who has acquired a motor vehicle fails to file an application for the registration of transfer under paragraph (1), he/she may file
According to the above legal provisions, a transferee of a motor vehicle has a duty to make a transfer registration of the ownership of a motor vehicle in his/her own name, and where a transferee fails to make an application for the transfer registration, a transferor may apply for it.