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(영문) 대전지방법원 2017.11.23 2016가단21473

자동차소유권이전등록절차이행

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1. The Defendant’s vehicle is about KRW 1,460,050 from the Plaintiff and the vehicle indicated in the separate sheet from August 1, 2016.

Reasons

1. Facts of recognition;

A. On March 2002, the Plaintiff and the Defendant entered into an entrustment management contract of the instant automobile (hereinafter “instant land entry contract”). The relevant provisions in the instant land entry contract are as follows.

(‘A’ means the Defendant, “B,” and “B,” respectively. Article 6 (Entry Fees) (1) must be paid to A in return for the entry of the management expenses prescribed as of the end of each month.

(2) The initial management expenses incurred in managing the ground above shall be adjusted according to mutual agreement between A and B, and thereafter A shall be adjusted according to the inflation rate changed each year.

B. From the conclusion of the instant land entry contract to the end of December 2015, the land entry fee agreed between the Plaintiff and the Defendant on the instant automobile is KRW 50,000 per month.

C. From January 1, 2016 to December 1, 2015, the Defendant notified the Plaintiff that the rent for the instant automobile was increased to KRW 242,00 per month (including surtax), and the Plaintiff asserted the said increase and did not pay the rent from January 1, 2016.

With respect to the instant vehicle, KRW 318,60, KRW 200, KRW 200,000, KRW 32,450, KRW 200, KRW 200, KRW 32,450, KRW 34,200, KRW 2017, KRW 34,200, KRW 50, KRW 267,80, KRW 267,80, advance payment of comprehensive insurance premium on July 28, 2017, and KRW 963,050 (hereinafter “instant administrative fine, etc.”) was imposed on the Defendant.

[Ground of Recognition] Unsatisfy, Gap evidence 2 and Eul evidence 1 to 3 (including branch numbers, if any)

2. The assertion and judgment

A. Since the land entry contract of this case is terminated by the delivery of a copy of the complaint of this case alleged by the plaintiff 1, the defendant is obligated to implement the procedure for the transfer of ownership on the automobile of this case to the plaintiff, and the legitimate land entry fee of this case to be paid by the plaintiff to the defendant is about the automobile of this case.