자동차소유권이전등록
1. From February 1, 2019 to February 1, 2019 among the instant counterclaim, the ownership of the Defendant-Counterclaim Plaintiff as to the motor vehicle indicated in the separate sheet.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. Around July 18, 2002, the Plaintiff entered into an entrustment management contract with C Co., Ltd. with respect to D Trucks, and the truck and automobile number of the said management contract were successively leased and lent to the instant vehicle (DE). On August 22, 2017, the Defendant succeeded to the status of the trucking business operator of the said management contract in succession [the name of the Defendant was changed from G Co., Ltd. to the current trade name on August 22, 2017.
[Judgment]
(hereinafter referred to as the “instant management contract”) between the Plaintiff and the Defendant who underwent the said change process and the instant automobile management contract.
The Plaintiff expressed his intention to terminate the instant management contract by serving a duplicate of the instant complaint, and on September 10, 2018, the duplicate of the instant complaint was served on the Defendant.
C. The admission fee under the instant management contract is KRW 220,00 won per month, and the Plaintiff paid KRW 2420,000,000 won from August 1, 2017 to June 30, 2018 to the Defendant (=220,000 won x 11 months), 2.40,000 won from July 1, 2018 to January 31, 2019 (=220,000 won x 7 months). Meanwhile, the Plaintiff paid KRW 35,20,000 to the Defendant at the time of Jinjin-si on December 31, 2018.
As of the date of closing argument of the instant case, the Plaintiff is operating the instant vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 9, 12, and the purport of the whole pleadings
2. According to the judgment on the claim in this case, according to the above basic facts, the instant management contract is a form of contract combining the title trust and the delegation elements, and the Plaintiff, who is in the position of a truster and the delegating concurrently, may terminate the instant management contract at any time. As such, the instant management contract is deemed terminated upon delivery to the Defendant on September 10, 2018 of the copy of the instant complaint containing the declaration of termination of the instant management contract.
Therefore, the defendant does not have any special circumstances.