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(영문) 대구지방법원 2014.12.18 2013가단62183
자동차반환 등
Text

1. The defendant shall own the motor vehicle listed in the separate sheet from the plaintiff on January 21, 201.

Reasons

1. Facts of recognition;

A. On March 15, 2002, the Plaintiff completed the transfer of ownership registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

Around 2003, the instant automobile was sold by the Plaintiff by the former husband C, and was registered as a “one-time car” after the Plaintiff was disposed of by the former husband C, and on March 25, 2011, the instant automobile was registered as a compulsory check following the receipt of the report by the Daepool and the subject of the public auction.

B. On January 21, 201, the Defendant purchased and delivered the instant automobile from D, and operated the automobile insurance contract, which was concluded with the Defendant as the insured, and maintained the said insurance contract until March 24, 201.

[Grounds for recognition] Evidence Nos. 1 and 3, and the purport of the whole pleading

2. Any person who takes over an automobile registered in paragraph (1) of the Automobile Management Act concerning registration to transfer ownership of the automobile (Article 12 of the Automobile Management Act) shall file an application with the Mayor/Do Governor for registration

Where a person who has acquired a motor vehicle under paragraph (3) intends to transfer it to a third party, he/she shall make the registration of transfer under his/her name.

Where a transferee of a motor vehicle under paragraph (4) has failed to apply for the registration of transfer under paragraph (1), a transferor (referring to an owner recorded in the register as at the time of application for the registration of transfer) may apply for the registration of transfer in lieu of such transferee.

3. Determination

A. According to the above provision, in case where the transferee of a registered automobile fails to apply for the registration of transfer, the owner recorded in the register may apply for the registration of transfer on behalf of the transferee, and the person recorded in the register of automobile as the owner may seek the procedure for the registration of transfer of ownership on the automobile from the former transferee as well as from the person who directly takes over the automobile or those who have delegated the sale by him

According to the above facts and the above provisions, the defendant is the register of automobiles.

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