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(영문) 수원지방법원성남지원 2016.11.04 2016가단331

소유권이전등록절차이행

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1. The Defendant terminated the consignment management contract as of January 14, 2016 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 2003, the Plaintiff entered into an entrustment management contract with respect to the Oyang Air Cargo Co., Ltd. and the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”).

(hereinafter “instant contract”). (b)

Defendant around July 27, 2010, succeeded to the instant contract from Oyang Air Cargo Co., Ltd., and registered the transfer of ownership on the instant motor vehicle, and thereafter renewed the instant contract.

C. A duplicate of the instant complaint stating the Plaintiff’s intent to terminate the instant contract was served on January 14, 2016 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. In a case where a truck owner and a truck trucking business operator externally trust the name of the vehicle owned by them to a trucking business operator and vests the ownership and the right to manage the operation thereof in the company to which the owner belongs, and in a case where a so-called “in-house agreement” is entered into between the owner and the trucking business operator with the purport that he/she will pay a certain amount of management expenses in the company to which he/she belongs when he/she is entrusted with the right to manage the operation of the said land in his/her own account, such a land entry agreement constitutes a contract in the form of a mixture of the elements of title trust and delegation (see, e.g., Supreme Court Decision 2010Da78586, Mar. 10, 201). In a case of title trust or delegation, such a land entry agreement may be terminated at any time by the parties concerned,

(2) According to the reasoning of the lower judgment, the instant contract was legally terminated by the delivery of a copy of the instant complaint, on April 26, 2013 (see, e.g., Supreme Court Decision 2013Da737, Apr. 26, 2013).

Therefore, unless there are special circumstances.