자동차소유권 이전등록절차인수 청구
1. The Defendant terminated the consignment management contract as of February 19, 2018 with respect to the motor vehicles stated in the separate sheet from the Plaintiff.
With respect to the motor vehicle indicated in the separate sheet between the Defendant, who is a land owner on March 6, 2015, the Defendant invested in kind the motor vehicle of this case in the name of the Plaintiff and entered the Plaintiff into an entrustment management contract (hereinafter “instant contract”) with the purport that the Plaintiff entrusts the Plaintiff with the entire operation and management right for the motor vehicle of this case and the Defendant is obliged to pay monthly management expenses, taxes, public charges, and insurance premiums, etc. (hereinafter “the instant contract”). Article 19(2)1 of the instant contract provides that “where the Defendant fails to pay management expenses, etc. for at least three months, the Plaintiff may terminate the contract without the peremptory notice of the performance.” The Defendant delayed the payment of management expenses, etc. for at least three months from March 6, 2015, and the fact that the Defendant unpaid management expenses, etc. for management expenses, etc. as of April 26, 2017, including all kinds of administrative fines, taxes, and public charges, etc., and the purport of the entire pleadings and arguments.
Meanwhile, the fact that a duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the contract of this case on the grounds of delinquency in management expenses, etc. by the Defendant is obvious in the record.
Therefore, since the instant contract was terminated on February 19, 2018, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on February 19, 2018.
The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.