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(영문) 서울중앙지방법원 2017.11.30 2017가단50271
자동차소유권이전등록
Text

1. The defendant acquires from the plaintiff a vehicle listed in the separate sheet from April 2013 to January 2015.

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 3:

On December 10, 2010, the Plaintiff transferred the vehicle to a person who is not aware of his name (hereinafter referred to as “instant vehicle”) as indicated in the separate sheet (hereinafter referred to as “instant vehicle”) through his employee, and issued the documents necessary for the registration of transfer of ownership by designating the transferee as a blank.

B. On April 15, 2013 through January 2015, the Defendant: (a) was transferred the instant motor vehicle from a person with no personal injury on his/her name; (b) had operated the said motor vehicle without applying for registration of transfer of ownership within 15 days from the date of receipt; and (c) had been convicted of the Defendant on April 15, 2016 on the violation of the Guarantee of Automobile Accident Compensation Act, the violation of the Automobile Accident Compensation Act, and the violation of the Automobile Management Act, and the said judgment became final and conclusive.

2. Determination:

A. On or around December 10, 2010, the Plaintiff seeks to take over the transfer registration procedure based on the above sales contract, premised on the fact that the sales contract for the instant automobile was concluded with the Defendant.

However, it is insufficient to recognize that the above facts of recognition or other evidence presented by the Plaintiff was concluded between the Plaintiff and the Defendant on or around December 10, 2010, and there is no other evidence to acknowledge it otherwise.

However, among the plaintiff's assertion, it seems that it is also included in the plaintiff's assertion that the defendant seeks to take over the transfer of ownership registration procedure based on the acquisition of the instant vehicle from April 2013 to January 2015, such as Gap's evidence No. 3.

According to the above facts, the defendant acquired the automobile of this case from April 2013 to January 2015, and around that time, there was an obligation to take over the transfer registration procedure for the automobile of this case.

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