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(영문) 수원지방법원 성남지원 2017.08.25 2017고정77
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. A person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree;

Nevertheless, even though the Defendant acquired a oos car (hereinafter “the instant car”) registered in his name from C, which was later on March 5, 2013, from C at the lower land, the Defendant operated the said car by August 5, 2016 without filing an application for the registration of transfer of ownership of the said car under the Defendant’s name within 15 days without justifiable grounds.

2. According to the evidence duly admitted by this court, the Defendant was a selling company of the child’s friendship interest vehicle.

E Following the acquisition of the instant vehicle through E, it can be recognized that the E-type C obtained permission from E and completed the registration of transfer of ownership of the said vehicle in the name of C, and there is no evidence to acknowledge that the Defendant acquired the instant vehicle from C and did not make the registration of transfer of ownership of the said vehicle, as stated in the facts charged, even if the Defendant acquired the instant vehicle from C.

B. As to an act of neglecting the registration of transfer of a motor vehicle, the Motor Vehicle Management Act punishs a motor vehicle purchaser without any justifiable reason within 15 days from the date of purchase (Article 81 subparag. 2 and Article 12 subparag. 1 of the Act). However, the above Act does not prohibit or punish the registration of trust in the name, and thus the purchaser is entitled to make the registration of transfer under the name of the trustee lawfully in the name of the trustee pursuant to the trust agreement. As to the trust in the name of a motor vehicle, etc., if the registration of transfer is made in the name of the trustee C within 15 days from the date of purchase of the motor vehicle, it cannot be deemed that the defendant violated Article 12 subparag. 1 of the Motor Vehicle Management Act, and if it is deemed otherwise, the real estate and the other real estate.

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