1. The defendant is based on the acquisition by transfer from the plaintiff on October 1, 2002 on the motor vehicles stated in the separate sheet.

1. Facts of recognition;

A. On September 29, 2000, the Plaintiff completed the ownership transfer registration under its name with respect to the instant automobile.

B. On September 2001, the Plaintiff borrowed 5 million won from a person who was unaware of his name, but did not pay interest on the borrowed money, and as a security, delivered the instant vehicle to the person who was unaware of his name, along with the documents necessary for the registration of transfer of ownership.

However, the Plaintiff failed to repay the borrowed money thereafter, and instead of the borrowed money, transferred the instant automobile to the person who was named in the name of the beneficiary.

C. However, on October 1, 2002, the Defendant concluded the automobile insurance contract with the interesting country fire and marine insurance company and the insurance period from October 1, 2002 to October 1, 2003, the Defendant’s automobile insurance contract with the insured as the defendant, and the automobile insurance contract with the Korea Commercial Damage Insurance Company and the insurance period from October 14, 2003 to October 14, 2004, respectively.

In addition, at around 23:50 on October 25, 2002, the Defendant reported to the interesting State Fire & Marine Insurance Co., Ltd. that the instant automobile had been driven by himself on the same day; 23.10 on the same day, the instant automobile had a collision with other vehicles.

[Ground of recognition] Facts that there is no dispute or does not clearly dispute, Gap evidence Nos. 1, 2, and 3, fact inquiry results of the court's Nowon-gu Office (O. 30 October 2015), the court's inquiry results of fact inquiry into the interesting country, fire, marine insurance company (O. 3 June 2016), the purport of the whole pleadings as a whole.

2. A person who takes over an automobile registered as to procedures for the registration of transfer of ownership of a motor vehicle shall apply for the registration of transfer of ownership to the Mayor/Do Governor, and if the transferee of a motor vehicle fails to apply for the registration of transfer, the owner recorded in the register may apply for the registration of transfer

(Article 12(1) and (4) of the Automobile Management Act. The above fact of recognition is examined.