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(영문) 전주지방법원 2019.10.24 2018나8258
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. As to the plaintiff's main cause of claim and the conjunctive cause of claim premised on the plaintiff's loss of ownership as to the freight vehicle in this case, the court's explanation about this case is identical to the reasoning of the judgment of the first instance, except for adding the following judgment, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

According to a contract between a trucking business operator holding a trucking transport business license and a trucking business operator who actually owns a motor vehicle, the motor vehicle shall be registered in the name of the trucking business operator and reverted to the trucking business operator, and in the form of transportation business in which each borrower pays the rent to the trucking business operator while conducting a business on his/her own management and account, it is reasonable to deem that each borrower is an external owner of the land and thus seeking compensation for damages arising from the infringement of ownership is an external owner of the land (see, e.g., Supreme Court Decision 2006Da61055, Jan. 25, 2007). According to the evidence No. 1, since the owner in the trucking vehicle register of this case is E, the owner in the trucking vehicle register of this case, and thus, the person entitled to claim compensation for damages arising from the infringement of the cargo ownership of this case

Article 6 of the Automobile Management Act provides that "The acquisition, loss, and transfer of ownership of a motor vehicle shall take effect only after registration."

Since the economic utility and property value of automobiles are high in modern society, the purpose of this is to protect the safety of the ownership of automobiles and the transaction thereof by publicly announcing the change of ownership through the "registration" rather than the "delivery," which is an incomplete disclosure method in the civil law, which is a systematic publication method in the public book. Therefore, the acquisition of ownership of automobiles governed by the Automobile Management Act is to acquire the ownership of automobiles.

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