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(영문) 춘천지방법원 강릉지원 2015.02.04 2014고정460
자동차관리법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Where a person who has a summary of the facts charged acquires a registered motor vehicle, he/she shall apply for registration of transfer of the ownership of the motor vehicle to the Mayor/Do Governor;

Nevertheless, on March 13, 2011, the Defendant did not apply for the registration of change of name within 15 days without justifiable grounds even though he/she received 3.3 million won in cash from the street of a trade name and US office located in Gangnam-dong, Gangnam-si, Gangnam-si, and received DSS5 vehicles.

2. The defendant and his defense counsel asserted that, while offering the above vehicle as security, C borrowed KRW 3,00,000 from the above vehicle to E and received demand for the repayment of the above borrowed money from E, the defendant subrogated for the debt of the borrowed money to E and caused it as security, and he received the above vehicle as security after subrogated for the debt of the borrowed money as security, and did not take over the above vehicle, and therefore, he did not have any obligation to apply for the registration of transfer of ownership.

3. Article 12(1) of the Automobile Management Act, which is a applicable provision to the facts charged in this case, provides that "any person who acquires a registered motor vehicle shall file an application for the registration of transfer of ownership of the motor vehicle with the Mayor/Do governor as prescribed by Presidential Decree", and Article 81(2) of the Automobile Management Act provides that anyone who fails to file an application for the registration of transfer of ownership of the motor vehicle

However, the Decree on the Registration of Motor Vehicles provides for the registration of mortgage pursuant to the Act on the Mortgage on Motor Vehicles and other Specific Movables (hereinafter “The Automobile Mortgage Act”) with the registration of transfer pursuant to Article 12 of the Automobile Management Act as the type of the registration of motor vehicle. It differs from the cases of acquisition by intention of ownership of a motor vehicle and the cases of acquisition by intention of bond security. Article 9 of the Automobile Mortgage Act provides that the motor vehicle shall be pledged.

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