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1. The judgment of the court of first instance is in progress
(a)the part of the claim for the transfer of ownership registration procedure;
(b) Of the part demanding payment, the Defendant.
Reasons
1. Facts of recognition;
A. On November 24, 2005, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).
B. The Defendant subscribed to the automobile insurance from May 4, 201 to May 4, 2012, after receiving the instant vehicle from a person whose name is unknown, and operated the instant vehicle for the said period.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Part concerning claims for the transfer of ownership registration procedures;
A. The plaintiff 1) borrowed KRW 1 million from a bondholder whose name is unknown at the end of the end of 2009 to provide the above bonds as security for transfer. Since the plaintiff failed to repay the above loan, the plaintiff transferred the instant automobiles before transfer and the defendant acquired them on May 4, 201, the defendant is obligated to take over the transfer registration procedure for the instant automobiles from the plaintiff on the ground of transfer on May 4, 201. 2) The defendant was merely assigned the instant automobiles to the bond company as security and did not transfer the instant automobiles to the bond company, and the defendant was not aware of the name of the person whose name is unknown and returned the instant automobiles after being operated for one year from the date of lease to the bond company, and there was no fact that the plaintiff acquired the instant automobiles.
B. Determination 1 Article 12(1) of the Automobile Management Act provides, “A person who acquires a registered motor vehicle shall file an application with the Mayor/Do Governor for the registration of transfer of ownership of the motor vehicle, as prescribed by Presidential Decree,” and Article 12(3) of the same Act provides, “If a transferee of a motor vehicle intends to transfer a motor vehicle again to a third party, he/she shall make the registration of transfer under paragraph (1) in his/her name before the transfer, and where a transferee of a motor vehicle fails to file an application for the registration of transfer under paragraph