1. The defendant is based on the sale and purchase of the motor vehicles listed in the separate sheet from the plaintiff on June 25, 2005.

1. Facts of recognition;

A. On October 23, 2000, a new registration was completed in the name of the Plaintiff with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. On April 14, 2003, the Plaintiff’s husband C borrowed KRW 8 million from the Korea Credit Service Company, and deposited the instant automobile as security, and D employees of the said lending company sold the instant automobile to the Defendant in order to recover the claim around June 25, 2005.

[Ground of recognition] Facts without dispute, Gap 1 and 2's entries, the purport of the whole pleadings

2. Determination

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

(See Supreme Court Decision 2012Da11679 Decided August 23, 2012, and Suwon District Court Decision 201Na26633 Decided December 23, 201). According to the above facts, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff, barring any special circumstance, inasmuch as the instant automobile, the transfer registration of ownership in the name of the Plaintiff, was acquired from D’s employees of the lending company.

B. The Defendant alleged that the Plaintiff should file a claim for the transfer of ownership of the instant automobile with E, but even if the Defendant transferred the instant automobile to E, as long as the Defendant acquired the instant automobile, the Defendant did so.