자동차소유권이전등록
1. The Defendant terminated the consignment management contract on May 20, 2014 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
1. The facts of recognition are as follows: (a) on March 5, 2010, the Plaintiff transferred the ownership of an automobile indicated in the separate sheet (hereinafter “instant automobile”) to the Plaintiff, a trucking business operator; (b) the Defendant entrusted the Plaintiff with the right to manage the instant automobile and paid KRW 297,000 (hereinafter “management expenses”) monthly management expenses in the name of the right to permit (hereinafter “management expenses”) to the Plaintiff; and (c) concluded the entrustment management contract with the Defendant to bear the expenses, such as insurance premiums necessary for the management of the instant automobile, taxes and public charges, etc. (hereinafter “instant entrustment management contract”); (d) Article 21(3)1 of the instant entrustment management contract provides that the Plaintiff may terminate the above entrustment management contract without notice of performance if the Defendant had unpaid management expenses twice or more; (e) the Defendant failed to pay management expenses twice or more; and (e) the Defendant did not verify the details of each of the instant automobile to the Defendant on May 20, 2014; or (e) the purport of each of the instant entrustment management contract.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, since the defendant failed to perform his/her duty to pay management expenses under the entrusted management contract of this case, it is reasonable to deem that the entrusted management contract of this case was lawfully terminated on May 20, 2014, when the plaintiff's expression of intent of termination on the ground of the defendant's nonperformance reaches the defendant's defendant's obligation to pay management expenses, and accordingly, the defendant notified the defendant of the termination of the entrusted management contract of this case again on July 1, 2014.