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(영문) 수원지방법원 2016.02.25 2015가단41783
자동차소유권이전등록절차인수
Text

1. The Defendant’s acquisition by transfer of the motor vehicle indicated in the separate sheet from the Plaintiff on June 16, 201.

Reasons

1. On April 22, 2005, with respect to the automobiles listed in paragraph (1) of this Article (hereinafter “instant automobiles”), the new registration was completed under the Plaintiff’s name; the Plaintiff’s husband sold the instant automobiles to a person under his name and delivered documents necessary for the registration of ownership transfer; the Defendant, on June 16, 2011, entered into an automobile insurance contract with Hyundai Marine Fire Insurance Co., Ltd. and the instant automobiles with the Plaintiff with respect to the automobile, may be recognized in full view of the absence of any dispute between the parties, the entry of evidence No. 1, and the fact inquiry and the purport of the entire pleadings by the Insurance Development Institute’s president.

2. A person who takes over a motor vehicle registered as such shall file an application with the Mayor/Do Governor for the registration of transfer of ownership of the motor vehicle, and where a person who takes over a 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 a transferee (Article 12 (1) and (4) of the Automobile Management Act), and a person recorded in the register as an owner of a motor vehicle may seek the procedure for the registration of transfer of ownership from a person who directly takes over the motor vehicle or

(See Supreme Court Decision 2012Da11679 Decided August 23, 2012, etc.). As seen earlier, insofar as the Defendant concluded an automobile insurance contract on June 16, 201 with respect to the instant automobile, it is reasonable to deem that the Defendant acquired the instant automobile at that time, and therefore, the Defendant is obliged to take over the procedure for the registration of ownership transfer for the Plaintiff registered as the owner on the registry as the Plaintiff on June 16, 201.

3. In conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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