유체동산인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 4, and 5:
On March 27, 2012, the Plaintiff obtained a trucking transport business license and entered into an entrustment management agreement with the Defendant on the title of the owner with respect to the Hyundai 5 tons truck wharfs and cargo vehicles (vehicle number C: hereinafter “instant vehicle”) invested in kind by the Defendant, but the Plaintiff entrusted the Defendant with the right to operate and manage the instant vehicle to operate the trucking transport business and operated the instant vehicle as an independent business operator by the Defendant, who is the borrower, and the Defendant shall pay the rent to the Plaintiff every month.
B. On the same day, the registration of transfer of ownership was completed in the name of the Plaintiff with respect to the instant vehicle in accordance with the consignment management contract, and accordingly, the registration number of the instant vehicle was changed to B, which is the registration number of the instant vehicle for trucking transport business acquired by the Plaintiff from D.
C. On August 12, 2013, the Plaintiff and the Defendant renewed the consignment management contract and set the contract term as one year from the date of the contract.
2. The assertion and judgment
A. Since the above entrustment management contract concluded between the Plaintiff and the Defendant was terminated due to the termination of the contract period or the termination of the Plaintiff’s termination on the grounds of the Defendant’s failure to pay the Plaintiff fees, the Defendant is obligated to return the Plaintiff’s property B number plate to the Plaintiff.
The registration number of the instant vehicle is corresponding to the number of vehicles permitted by the Plaintiff after obtaining permission for trucking transport business, and has intangible property value. If the ownership transfer registration of the instant vehicle is completed in the name of the Defendant without being given the above registration number, this would result in the transfer of the instant vehicle to the Defendant, which is the Plaintiff’s property right, and thus, it is improper to return the registration number plate bearing the above registration number.