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(영문) 인천지방법원 2017.05.26 2016나58874
자동차소유권이전등록
Text

1. Upon the Plaintiff’s claim for damages that has been changed in exchange at the trial:

A. The defendant shall pay to the plaintiff KRW 1,049,550.

Reasons

1. Facts of recognition;

A. Since the Plaintiff acquired the ownership of the instant motor vehicle on April 2, 2001, the Plaintiff is registered as the owner in the motor vehicle register until now.

B. On 2004, the Plaintiff borrowed KRW 3 million from C specialized in the loan business, offered the instant vehicle as security, delivered all documents necessary for the transfer of ownership, and delivered the instant vehicle.

C. On November 2, 2007, the Defendant concluded an automobile insurance contract with Hyundai Marine Fire Insurance Co., Ltd. and the instant automobile by setting the insurance period from November 2, 2007 to November 2, 2008, and on October 31, 2008 from November 2, 2008 to November 2, 2009.

From November 2, 2007 to November 2, 2007, the Plaintiff imposed a total of KRW 5,315,340 on the instant motor vehicle as administrative fines, taxes and public charges, etc., and paid them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8 through 10, and the purport of the whole pleadings

2. As to the claim for acquisition of ownership registration, Article 12(1) of the Automobile Management Act provides, “A person who acquires an automobile registered shall file an application for the registration of transfer of ownership with the Mayor/Do Governor,” and Article 12(4) of the same Act provides, “If a person who has acquired an automobile fails to file an application for the registration of transfer of ownership, he/she may file an application for the registration of transfer of ownership (referring to the owner recorded in the register at the time of the application for the registration of transfer of ownership) on behalf of the transferee.” Thus, a person registered as an owner in the register of automobile may also file an application

(See Supreme Court Decision 2012Da24361 Decided March 13, 2014). As seen earlier, the Defendant subscribed to automobile insurance after having subscribed to the instant automobile insurance for one year on November 2, 2007.

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