(영문) 창원지방법원거창지원 2015.11.03 2015가단941

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(영문) 창원지방법원거창지원 2015.11.03 2015가단941

자동차소유권이전등록절차인수

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1. The Defendant’s acquisition by transfer of an automobile listed in the separate sheet from the Plaintiff on September 14, 201.

Reasons

1. Basic facts

A. A. On July 4, 2006, the Plaintiff completed the ownership transfer registration for a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and lost its possession.

B. As to the instant motor vehicle, the Defendant subscribed to the instant comprehensive motor vehicle insurance from September 14, 201 to March 14, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. A person who takes over a motor vehicle registered as to the cause of claim shall file an application with the Mayor/Do Governor for the registration of transfer of the ownership of the motor vehicle, and where the transferee of the motor vehicle fails to file an application for the registration of transfer, the owner recorded in the register may file an application for the registration of transfer on behalf of the transferee (Article 12 (1) and (4) of the Motor Vehicle Management Act), and a person recorded in the register of motor vehicle as its owner may seek the procedure for the registration of transfer of ownership from his/her own person or a person who has entrusted sale

(See Supreme Court Decision 2012Da11679 Decided August 23, 2012, and Suwon District Court Decision 2011Na26633 Decided September 14, 201). As seen earlier, it is recognized that the Defendant concluded an insurance contract concerning the instant automobile from around September 14, 2011. Ultimately, the Defendant can be confirmed to have acquired the instant automobile from a person who is not the owner of the instant automobile. As such, the Defendant is obliged to take over the transfer registration procedure for the instant automobile from the Plaintiff recorded as the owner on the original register on September 14, 2011.

3. According to the conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.

참조조문

-자동차관리법 제12조

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