1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to the instant automobile, the registration of transfer of ownership was completed in the name of the Plaintiff on August 19, 2002 on the ground of sale and purchase on August 19, 2002

B. As to the instant automobile, from August 14, 2002 to February 14, 2003, the mandatory insurance with the Plaintiff as each contractor was subscribed from July 4, 2003 to January 10, 204, from January 3, 2004 to January 3, 2005, from January 13, 2007 to June 13, 2008.

[Reasons for Recognition] Class A Nos. 1 and 3

2. The parties' assertion

A. After the Plaintiff’s mother purchased the instant motor vehicle under the Plaintiff’s name, the Plaintiff’s mother transferred the instant motor vehicle to the corporate bond manager by payment in kind, and the Defendant occupied the instant motor vehicle by payment in kind C.

Therefore, the plaintiff recorded as the owner in the register of automobiles can seek the acquisition of transfer registration procedure against the defendant who acquired the automobile of this case.

In addition, automobile tax and administrative fine imposed in the course of operating the instant automobile shall be borne by the Defendant.

B. The Defendant decided to use and benefit from the instant motor vehicle in lieu of paying the claim amounting to KRW 3 million against Defendant C, and operated the instant motor vehicle during the mandatory insurance period by taking over the instant motor vehicle from C while returning it to C, and there was no fact that the instant motor vehicle was taken over by C.

Therefore, the Plaintiff cannot seek the acquisition of ownership transfer registration against the Defendant, not the transferee of the instant vehicle.

3. Determination

(a) A person who takes over a registered motor vehicle in connection with a request for taking over the transfer registration procedure shall file an application for the transfer registration of ownership with the Mayor/Do Governor, and where the transferee of a motor vehicle fails to file an application for the transfer registration, the owner recorded in the register may file

(Article 12(1) and (4) of the Automobile Management Act. In this case, the health team and the Plaintiff first.