1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 3, 2002, the Plaintiff completed the ownership transfer registration title for the instant automobile, and had a branch use the instant automobile. Since then, the Plaintiff’s branch delivered the instant automobile to a credit service provider under the name-free relationship.

B. The Defendant purchased automobile mandatory insurance in the name of the Defendant from November 15, 2004 to November 15, 2006 with respect to the instant automobile, and operated the instant automobile.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The allegations and judgment of the parties

A. On November 2001, the plaintiff requested the sale and purchase of the automobile of this case, and transferred the automobile of this case to the credit service provider under his name due to the debt relationship (the first date for pleading) with the documents necessary for the transfer of the automobile of this case, or the plaintiff's wife delivered the automobile of this case to the credit service provider under his name due to the debt relationship (the first date for pleading), and the defendant acquired the automobile of this case transferred or transferred as such on November 15, 2004. The defendant asserts that he is obligated to take over the transfer registration procedure from the plaintiff.

In regard to this, the defendant asserted that he only received and returned the instant vehicle from the defendant Chok, and that he did not acquire the instant vehicle.

B. Determination

(a) Article 12 (1) of the Motor Vehicle Management Act provides that "a person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree", Article 12 (3) provides that "where a transferee of 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 transferring the motor vehicle to a third party", and "where a transferee of a motor