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(영문) 대구지방법원 2016.09.30 2015가단25492
자동차소유권이전등록절차이행등
Text

1. The defendant is based on the acquisition by transfer on October 8, 2008 from the plaintiff as to the motor vehicles stated in the separate sheet.

Reasons

1. Basic facts

A. On September 19, 2008, the Plaintiff entered the automobile as the owner in the register of automobile in the annexed sheet (hereinafter “instant automobile”).

B. In around 2008, the Plaintiff transferred the instant vehicle as security by borrowing KRW 8 million from the bond company. In the event that the Plaintiff did not repay the borrowed amount, the Plaintiff delegated the bond company with the right to dispose of the instant vehicle.

C. From October 2008, the Defendant: (a) operated the instant automobile from October 8, 2008 to October 21, 2008; and (b) concluded an automobile insurance contract with the Defendant as the policyholder from May 20, 2010 to May 20, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the claim for taking over the procedure for the registration of automobile ownership transfer

(a) A person who takes over a registered automobile shall make an application for the registration of transfer of ownership of the automobile to the Mayor/Do governor, and where the transferee of the automobile fails to make an application for the registration of transfer, the owner recorded in the register may make

(Article 12 (1) and (4) of the Automobile Management Act).

As to the plaintiff's claim for acquisition of transfer registration procedure of the automobile of this case, the defendant concluded the automobile insurance contract with the permission of the bond company's bondholder and operated the automobile of this case temporarily, and the defendant did not acquire the automobile of this case since many people other than the defendant operated the automobile of this case.

As seen earlier, ① the Defendant had concluded an automobile insurance contract from October 8, 2008 to six years with the operation of the instant motor vehicle from October 8, 2008. ② According to the fact-finding results with respect to the head of Daegu Metropolitan City North Korea Office, the Defendant kept in custody on March 18, 2010 and returned the instant motor vehicle number plate.

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