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(영문) 수원지방법원 평택지원 2018.11.29 2018가단51742

소유권이전등록

Text

1. On February 6, 2018, the Defendant terminated the consignment management contract with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. In light of the fact that there is no dispute over the cause of the claim, the entries in Gap's 1, 3, 4, and 5, and the purport of the entire pleadings, the plaintiff may terminate the contract with the defendant on May 16, 2013, where the plaintiff entered into the entrustment management contract (hereinafter "the contract in this case") with the defendant on the attached list (hereinafter "the motor vehicle in this case"). < Amended by Presidential Decree No. 23680, May 16, 2013; Presidential Decree No. 20688, Feb. 5, 2016>

The Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 4,057,530, such as the entrusted management expenses in arrears by the Suwon-si District Court Decision 2018Gao6747, Jun. 6, 2018, and the said court rendered a judgment that accepted the Plaintiff’s claim on November 7, 2018, the Plaintiff is dissatisfied with the said lawsuit. In the instant case, the Plaintiff withdrawn the claim for payment of money on the third day for pleading. ④ On February 6, 2018, the Plaintiff delayed payment of KRW 3,180,090 as of the date for the third day for pleading.

‘The fact of sending the notice of termination of the entrustment contract to the defendant is recognized.

According to the above facts, since the plaintiff lawfully terminated the contract of this case on the grounds of delinquency, such as the defendant's entrusted management expenses, the defendant is obligated to take over the transfer of ownership registration procedure for the cancellation of the title trust on February 6, 2018 to the plaintiff, barring special circumstances.

2. Since the Plaintiff withdrawn the part of the claim for monetary payment as to the Defendant’s assertion, it is not determined as to the Defendant’s defense.

The defendant shall purchase a vehicle under the name of the defendant and store it in the company and obtain profits by using the vehicle, excluding two million won per month.