자동차소유권이전등록 등
1. The Defendant terminated the consignment management contract on December 15, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.
1. Determination on a claim for the acquisition of the automobile transfer registration procedure
A. The facts of recognition are as follows: (a) the Defendant: (b) registered the Plaintiff (formerly: Black Logistics Co., Ltd.) and the Defendant’s main vehicle indicated in the order owned by the Defendant (hereinafter “instant vehicle”); (c) transferred the ownership and the right to manage the instant vehicle under the Plaintiff’s name; (d) entered into a contract under which the Defendant was entrusted with independent operation management rights by the Plaintiff and operated and managed independently by the Defendant (hereinafter “instant contract”); (c) the ownership transfer registration in the Plaintiff’s name was completed with respect to the instant vehicle; (d) the Plaintiff expressed his/her intention to terminate the instant contract between the Defendant as of November 30, 2017; and (e) sent the notice of expected termination of the instant contract by content-certified mail on November 15, 2017; and (e) no dispute exists between the parties to the instant contract or on November 17, 2017, the Defendant’s spouse, who received the said content-certified mail, may be acknowledged by comprehensively taking account of the overall purport of pleadings as indicated in subparagraphs A and
B. The instant contract between the original Defendant and the original Defendant is a form of contract in which the elements of title trust and delegation are combined (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010). Since the instant contract was terminated on November 30, 2017 in accordance with the notice of scheduled termination of the instant contract, the Defendant is obligated to take over the transfer registration procedure for the instant vehicle from the Plaintiff, as the restitution following the termination of the instant contract.
2. Determination on the claims, such as management expenses
A. Comprehensively taking account of the overall purport of the arguments in the evidence No. 2, the Defendant may recognize the fact that the Defendant did not pay KRW 3,353,790 in total, including management expenses, taxes, insurance money, etc. to be paid to the Plaintiff from January 31, 2017 to November 30, 2017.
B. According to the above facts of recognition, the defendant served the plaintiff 3,353,790 won and a copy of the complaint of this case sought by the plaintiff.