1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 2006, the Plaintiff completed the initial transfer of ownership on the instant automobile under its name.

B. As to the instant automobile, the personal automobile insurance purchased from July 27, 2007 to July 27, 2008, and July 27, 2008 to July 27, 2009, respectively, in the name of the Defendant.

【In the absence of dispute over the grounds for recognition, the entries in Gap evidence 1 and 2, and the fact-finding in the light

2. Summary of the parties' arguments;

A. On September 2006, the Plaintiff sold the instant vehicle to the person who was unaware of his name and asked him to sell the instant vehicle, and the Plaintiff transferred all the documents necessary for the registration of transfer of ownership and the instant vehicle.

On September 21, 2006, the Defendant acquired the instant automobile through a nameless box, subscribed to liability insurance in its own name, and operated the instant automobile.

Therefore, the Defendant should take over the transfer registration procedure for the instant automobile from the Plaintiff on September 21, 2006.

B. The defendant did not subscribe to the liability insurance of the automobile of this case.

However, the defendant opened a card under the name of the defendant at the request of any person, and the person seems to have subscribed to liability insurance by stealing the name of the defendant.

As above, the defendant cannot respond to the plaintiff's request since he did not have acquired or operated the automobile of this case by delivery.

3. Determination

A. A person liable to register the ownership transfer of a motor vehicle is the transferee of the motor vehicle (Article 12 of the Motor Vehicle Management Act), and the “acquisition” is the transferee of the motor vehicle.

On the other hand, a person who is obligated to subscribe to the liability insurance for motor vehicles is the owner of the motor vehicle (Article 5(1) of the Automobile Compensation Guarantee Act), and the “motor vehicle owner” is the owner of the motor vehicle or the person entitled to use the motor vehicle, who operates the motor vehicle for himself

(Article 2 subparagraph 3 of the same Act). The owner of a motor vehicle as above shall be the owner of the motor vehicle.