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(영문) 대전지방법원 2015.09.04 2015나975
자동차소유권이전등록절차이행
Text

1. Defendant who exceeds the money to order payment under the following among the part of the claim for payment in the judgment of the first instance.

Reasons

1. Basic facts

A. On February 18, 2002, the Plaintiff completed the new registration of ownership of a motor vehicle as indicated in the separate sheet (hereinafter “instant motor vehicle”). The Plaintiff is registered as the owner on the instant motor vehicle register until now.

B. Around February 2002, the Plaintiff decided to transfer the instant automobile to C and issued documents necessary for the registration of transfer of ownership.

C. On March 20, 2002, the Defendant transferred the instant automobile from C, subscribed to automobile insurance in its own name, and used it, and again transferred the instant automobile to D.

After March 20, 2002, 23,970,480 won was imposed on the Plaintiff in aggregate due to the violation of parking and stopping, speed violation, and mandatory insurance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers), witness D's testimony, purport of whole pleading

2. Judgment on the procedure for application for registration of automobile ownership transfer transfer

A. (1) Article 12(1) of the Automobile Management Act provides that "a person who acquires a registered motor vehicle shall file an application for the registration of transfer of the ownership of the motor vehicle with the Mayor/Do Governor as prescribed by Presidential Decree (hereinafter "registration of transfer")." Paragraph (3) of the same Article provides that "if the transferee of the motor vehicle intends to transfer a motor vehicle again to a third party, he/she shall file an application for the registration of transfer under paragraph (1) in his/her name before the transfer," and Paragraph (4) of the same Article provides that "if the transferee of the motor vehicle fails to file an application for the registration of transfer under paragraph (1), the transferor (referring to the owner recorded in the register as at the time of the application for the registration of transfer) may file an application for the registration of transfer in lieu of the transferee, as prescribed by Presidential Decree."

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