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(영문) 서울중앙지방법원 2015.10.16 2015가단5129680
자동차소유권인수등록절차이행
Text

1. The primary Defendant B is the Plaintiff’s acquisition of the motor vehicle indicated in the separate sheet on January 3, 201.

Reasons

1. Facts of recognition;

A. On September 24, 2008, the Plaintiff completed the ownership transfer registration for a motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) and operated the motor vehicle, and the Plaintiff decided to waive the instant motor vehicle if it is unable to repay the borrowed money with money borrowed as security.

B. The Plaintiff failed to repay the borrowed amount, and the instant motor vehicle was transferred to the conjunctive Defendant via a person with no name, and the conjunctive Defendant again transferred the instant motor vehicle to the person with no name.

Since January 3, 2011, the primary Defendant purchased liability insurance for the instant motor vehicle from the date of delivery of the instant motor vehicle to the date of delivery, and operated the instant motor vehicle.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

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

(See Supreme Court Decision 2012Da11679 Decided August 23, 2012, and Suwon District Court Decision 2011Na26633 Decided January 3, 201). As seen earlier, in light of the fact that the primary defendant entered into an insurance contract with himself/herself as the insured from January 3, 2011, and has been operating the instant motor vehicle up to the present date, the primary defendant can be confirmed to have taken over the instant motor vehicle from a person who is not the party’s name. Thus, the Defendant is the owner on the original register.

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