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(영문) 전주지방법원 2015.11.11 2014구합2680
자동차신규등록직권말소신청거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 31, 2005, an automobile registered under the name of the Plaintiff was completed with respect to an automobile listed in the attached Table 1 list (hereinafter “instant automobile”).

B. On July 24, 2014, the Plaintiff filed an objection to the Defendant regarding the new registration of the instant automobile in accordance with Article 28(1) of the Automobile Management Act and Article 50 of the Automobile Registration Rules. On July 25, 2014, the Defendant filed an objection to the Plaintiff on the following grounds: (a) on July 25, 2014, the registration does not constitute a ground for ex officio revocation registration under Article 13(3)4 of the former Automobile Management Act (amended by Act No. 13486, Aug. 11, 2015; hereinafter the same shall apply) (where registration is made by continuous or other unlawful means

(1) According to the provisions of Article 8 (3) of the Automobile Management Act, where a person who manufactures a motor vehicle (including a person entrusted with the sale of a motor vehicle by him) sells a motor vehicle, the person who manufactures the motor vehicle shall apply for new registration on behalf of the buyer without delay, and Article 12 of the Decree on the Registration of Motor Vehicles stipulates that the person entitled to registration, the person liable for registration or his/her agent shall attend and apply for the registration.

This new registration application has been made by the representative director of the corporation B (the manufacturer/seller) designated C as a representative residing in the Si of Gunsan, which is the seat of the registration authority, and the delegated person directly attended the registration authority and applied for it, so it is deemed a legitimate application. ② Since the said vehicle mortgage is established, it is possible to register the establishment of a mortgage on a motor vehicle registered by the Automobile Management Act (Article 2 of the Automobile Mortgage Act), the power of attorney attached to the application for registration of establishment of a mortgage on a motor vehicle submitted as at the time of the application for new registration of a motor vehicle is stated as the above C, and affixed

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