자동차소유권이전등록절자 등
1. The defendant,
A. Termination of an entrustment contract from the Plaintiff on September 15, 2017 with respect to the motor vehicles listed in the separate sheet.
On November 13, 2014, the Defendant registered in the name of the Plaintiff with respect to the instant motor vehicle owned by the Plaintiff and reverted its ownership and operation management rights to the Plaintiff, but the Defendant concluded a contract under the independent calculation of the Defendant (hereinafter “instant contract”). The Defendant agreed to pay KRW 250,00 (value added tax 25,00) as management expenses to the Plaintiff at the last day of each month when entering into the instant contract. The Defendant completed the registration of transfer of ownership in the name of the Plaintiff on the instant motor vehicle; the copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant contract between the Defendant and the Defendant was delivered to the Defendant on September 15, 2017; the Defendant’s management expenses, insurance premiums, partnership expenses (including KRW 3,508,00) accrued to the Plaintiff until August 8, 2017, which led to no dispute between the parties to the instant contract or by considering the overall purport of subparagraphs 1 through 4(a) and (3).
The instant contract is a form of contract in which title trust and delegation elements are combined (see, e.g., Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010). Since the instant contract was terminated on September 15, 2017, by which a copy of the complaint of this case stating the declaration of intent to terminate the instant contract was served on the Defendant, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on September 15, 2017, namely, the vehicle transfer registration under the Defendant’s name on the ground of the termination of the instant contract.
In addition, the defendant is obligated to pay the sum of 4,788,900 won and damages for delay due to the management expenses, etc. unpaid to the plaintiff.
In this regard, the defendant lost the instant vehicle on April 2017 and reported its loss to the plaintiff.