1. The defendant is based on the transfer on January 28, 2009 of the motor vehicles listed in the attached list from the plaintiff.

1. Facts of recognition;

A. On December 12, 2007, the Plaintiff was the owner who completed the ownership transfer registration with respect to a motor vehicle listed in the annexed sheet (hereinafter “instant motor vehicle”). Around June 2008, the Plaintiff requested the sale of the instant motor vehicle to a person with poor name.

B. Meanwhile, the Defendant concluded an insurance contract for the instant automobile as of January 28, 2009 and used the instant automobile. The insurance period is until October 24, 2009.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, fact-finding results to the Seoul Songpa-gu Seoul District Court, the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff's assertion that the plaintiff requested the sale of the automobile of this case to the person who was not in the name of the plaintiff on June 2008, and the defendant received the automobile of this case on or around January 28, 2009. Thus, the defendant asserts that he is obligated to take over the transfer registration procedure for the automobile of this case from the plaintiff. Accordingly, the defendant asserted that he is obligated to take over the transfer registration procedure for the automobile of this case. On January 28, 2009, the defendant transferred the automobile of this case for the purpose of claim security and used it again for 6 months after he purchased the automobile of this case and returned it to the

B. (1) Determination (1) The Automobile Management Act provides that “A 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 (hereinafter “registration of transfer”), as prescribed by Presidential Decree (Article 12(1)); where a transferee of a motor vehicle intends to transfer a motor vehicle to a third party again, he/she shall file an application for the registration of transfer under paragraph (1) under his/her name before transfer (Article 12(3)); where a transferee of a motor vehicle fails to file an application for the registration of transfer under paragraph (1), he/she may file an application for the registration of transfer (referring to the owner recorded in the register at the time of the application for the registration of transfer)