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(영문) 창원지방법원통영지원 2015.06.05 2015가단440
자동차소유권이전등록절차인수 청구
Text

1. The defendant is based on an agreement from the plaintiff on the transfer of the motor vehicle stated in the separate sheet by date in the annexed sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed 2 million won from the person under whose name the Plaintiff was not the party to the name, and thus, the Plaintiff issued to the person under whose name the Plaintiff was the party under whose name all necessary documents and a vehicle waiver statement on the attached list entered in the original register as owned by the Plaintiff (hereinafter “instant vehicle”).

B. The Defendant operated the instant automobile from around 2005 to from September 16, 2006. In particular, the Defendant concluded each automobile insurance contract with respect to the instant automobile between September 16, 2005 to September 16, 2006, from September 18, 2006 to September 18, 2007, and from September 27, 2007 to September 27, 2008.

C. At present, the instant automobiles are owned by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding results on the common market of this court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the defendant acquired the above automobile from the plaintiff or from the person who acquired it before it, and therefore, the plaintiff recorded in the original register as the owner may seek to accept the transfer registration procedure for the above automobile, and the defendant has the obligation to take over the transfer registration procedure for the above automobile from the plaintiff for the reason of the transfer of ownership due to the transfer agreement on the date and in

B. The defendant's argument that the defendant's judgment on the defendant's argument is that since the plaintiff has accepted the bonds company in excess of the automobiles of this case, the above bonds company should first undergo the transfer registration procedure.

A person entered as an owner in the motor vehicle register shall take over the transfer registration procedure for the motor vehicle as well as a person who has directly taken over the motor vehicle from the person who has delegated the sale by him or the person who has re- taken over the motor vehicle from the former transferee.

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