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(영문) 인천지방법원 부천지원 2018.05.11 2018고정44
자동차관리법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On October 2016, the Defendant agreed to receive and operate the ownership of the said motor vehicle from C on February 2, 2017 while driving a D motor vehicle built from C. Around February 2017.

Nevertheless, the Defendant operated the said motor vehicle by August 14, 2017 without filing for the registration of ownership transfer of the said motor vehicle.

2. Article 12(1) of the Motor Vehicle Management Act provides that a person who takes over a registered motor vehicle shall file an application for the registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of taking over the motor vehicle, as prescribed by Presidential Decree. Article 81(2) of the same Act provides that a person who fails to file an application for the registration of transfer of the ownership of a motor vehicle may be punished without good cause, in violation

The term "justifiable cause" as mentioned above means a case where the registration of ownership transfer is impossible due to a legal or de facto disability that cannot be responsible for the transferee of a motor vehicle, and the burden of proving that there is no justifiable cause is a prosecutor.

A person who intends to apply for the registration of the transfer of ownership pursuant to Article 12 of the Automobile Registration Act provides that he/she shall submit an application for the registration of the transfer along with the certificate of the transfer of a motor vehicle that requires the signature or seal of the transferor. Therefore, the cooperation of the transferor is essential for the application for the registration of the transfer. The following circumstances acknowledged by the evidence duly adopted and investigated by this court,

C In the event that it has not yet paid the price to the commercial party of the automobile sale, it was the fact that the defendant, who is unaware of such circumstances, was in possession of the said vehicle, transferred the said vehicle as a partial repayment of the obligation, and ② even after C transferred the said vehicle to the defendant.

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