beta
Text
1.The remainder of the judgment of the court of first instance, with the exception of the rejection of the action, shall be modified as follows:
The defendant.
Reasons
In the court of first instance, the plaintiff requested the defendant to confirm that he has the obligation to pay an administrative fine, etc. related to seizure, and the claim to take over the transfer of ownership registration procedure. The court of first instance dismissed the part of the claim for confirmation, and accepted the part of the claim for acceptance.
Since the defendant appealed against this, the subject of the judgment of this court is limited to the subject of the claim for acceptance.
2. Determination on the claim for acquisition of ownership transfer registration procedure
(a) A person who takes over a registered motor vehicle shall file an application with the Mayor/Do Governor for the registration of transfer of ownership of the motor vehicle, and where the transferee of the motor vehicle fails to file an application for the registration of transfer, an owner recorded in the register may file an application for the registration of transfer on behalf of the transferee (Article 12 (1) and (4) of the Motor Vehicle Management Act), and any person recorded in the register as an owner of the motor vehicle may seek the registration of transfer on behalf of the transferee as well as the person directly taking over the motor vehicle from himself
(1) In light of the legal principles as seen earlier, the Defendant purchased the instant vehicle in the name of the Plaintiff at KRW 4.2 million on July 18, 2003, since it is recognized that the Defendant purchased the instant vehicle under the name of the Plaintiff, which was newly registered on July 31, 2002, in accordance with the overall purport of the entry and pleading as to the Plaintiff’s evidence No. 1, 2012 (see, e.g., Supreme Court Decision 2012Da11679, Aug. 23, 2012). As such, the Defendant, regardless of who acquired the instant vehicle from anyone, is obliged to take over the registration procedure for transfer of ownership from the Plaintiff registered as the owner on the register of the instant vehicle on June 18, 2003, irrespective of who had no special circumstance, to the effect that the Defendant
B. The Defendant shall sell the instant vehicle to the Plaintiff without establishing any defects.