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(영문) 전주지방법원정읍지원 2016.08.09 2015가단11555
소유권이전등록
Text

1. Defendant C is based on the acquisition by transfer around April 7, 2006 on an automobile listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On July 4, 2002, E newly registered an automobile listed in the separate sheet (hereinafter “instant automobile”).

B. As to the instant automobile, the Plaintiff concluded each insurance contract with the insurance period from July 6, 2002 to July 6, 2003, from July 6, 2003 to July 6, 2004, from July 6, 2004 to July 6, 2005, from July 6, 2004; and from July 6, 2005 to July 6, 2006, and the Defendant B concluded each insurance contract with the insurance period from April 7, 2006 to September 12, 2006; and from September 15, 2006 to September 15, 2007.

C. E filed a lawsuit against the Plaintiff to accept the procedure for ownership transfer registration of the instant automobile under the Incheon District Court Branch Decision 2014Kadan22194, and the said court rendered a judgment on November 19, 2014 that the Plaintiff occupied and used the instant automobile by entering into three years and nine months from the commencement date of the insurance contract concluded by Defendant B from July 6, 2002 until April 6, 2006, the insurance period of the Plaintiff’s insurance contract concluded by Defendant B from July 6, 2002 to April 6, 2006.

The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the Automobile Management Act with respect to the plaintiff's primary defendant B, the transferee of the automobile is obligated to take over the transfer registration procedure from the person who registered as the owner in the register of automobiles. According to the automobile mandatory insurance contract of the plaintiff, since the defendant B entered into an insurance contract of this case with respect to the automobile of this case since the insurance period of the plaintiff's insurance period

Therefore, Defendant B concerning the instant automobile from the Plaintiff.

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