(영문) 창원지방법원밀양지원 2016.06.07 2015가단4384

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(영문) 창원지방법원밀양지원 2016.06.07 2015가단4384

자동차소유권이전등록

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1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

The non-party C purchased the instant automobile and decided to title trust it to the Plaintiff. Accordingly, the Plaintiff completed the ownership transfer registration of the instant automobile around January 30, 2009.

Since the Defendant purchased the instant automobile from a person living together with C around February 2012, the Defendant is obligated to accept the ownership transfer registration of the instant automobile from the Plaintiff.

Judgment

The Plaintiff’s claim is the purport of seeking acquisition of ownership transfer registration against the Defendant that the Plaintiff, a title trustee for the instant automobile, purchased from the title truster, and there is no direct legal relationship between the Plaintiff and the Defendant, and there is no legal ground to seek the acquisition of the ownership transfer registration procedure immediately against the Defendant. Therefore, the Plaintiff’s claim is

Meanwhile, Article 12(1) and (4) of the Automobile Management Act provides that a person who takes over a motor vehicle registered shall file an application for the registration of transfer of ownership with the Mayor/Do Governor, and where a person who takes over a motor vehicle fails to file an application for the registration of transfer, the owner recorded in the register may file an application for the registration of transfer on behalf of the transferee, and in light of the purport of these provisions, it is reasonable to deem that a person registered as an owner in the register of motor vehicles may file an application for the registration of transfer of ownership with the defendant as well as the person who takes over or takes over the motor vehicle again from the person who takes over or takes over the motor vehicle from him/her, as well as the person who takes over or takes over it,

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-자동차관리법 제12조 제1항

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