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(영문) 서울서부지방법원 2020.07.09 2019가단254164
자동차 소유권이전등록절차 인수
Text

1. The Defendant transfers from the Plaintiffs regarding the motor vehicles listed in the separate sheet on April 28, 2019 or September 25, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiffs are owners of motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”) and are registered as owners of the motor vehicles listed in the separate sheet (hereinafter “the instant motor vehicles”), with Plaintiff A9/100 shares and Plaintiff B B1/100 shares.

B. On April 28, 2019, the Plaintiffs sold the instant motor vehicle in KRW 3.9 million to a third party in his/her name in return, and received the payment from the said third party on that day, and issued the documents necessary for the registration of the movement of the motor vehicle to the said third party.

C. On September 25, 2019, the Defendant subscribed to the automobile insurance regarding the instant motor vehicle.

[Reasons for Recognition] Each entry in Gap 1 and 2 (including virtual numbers), fact-finding inquiry reply of D Co., Ltd., and the whole purport of oral argument

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

(1) Article 12(1) and (4) of the Automobile Management Act provides that “A person who has purchased the instant automobile from the Plaintiffs shall be deemed to have purchased the instant automobile by transferring it to another person if he/she is not a third party who has purchased the instant automobile from the Plaintiffs.” Thus, the Plaintiffs entered in the original register may seek to accept the transfer registration procedure for the instant automobile.

3. According to the conclusion, the plaintiffs' claims are accepted on the grounds of all the reasons.

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