자동차소유권이전등록
1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim that has been changed in exchange at the trial, is as follows.
1. The reasoning for the court’s explanation of this part of the facts is that the part of “1. Basic Facts” is the same as the part of “1. Basic Facts” under the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the first instance is the same as that of “the first registration date February 24, 1995,” in Part 3, Section 2, “the first registration date, February 4, 1995.”
2. Determination as to the claim on the principal lawsuit
A. According to the above facts as to the cause of the claim, the management contract of this case is in the form of a combination of the elements of title trust and delegation, and therefore, it is reasonable to view that the plaintiff, the owner of the vehicle, was registered in the name of the defendant, who is the owner of the vehicle, in the name of the defendant, who is the owner of the vehicle, and vests in the ownership and the right to manage the vehicle. In the inside, the plaintiff is entrusted with the independent right to manage the vehicle of this case by the defendant, and operates and manages the vehicle of this case under his own independent account, and the plaintiff, who is in the position of the truster
I would like to say.
(see, e.g., Supreme Court Decision 97Da29479, Nov. 11, 1997). Accordingly, the management contract of this case was lawfully terminated on March 13, 2015, where the duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate it was delivered to the Defendant.
Therefore, the defendant is obligated to implement the procedure for ownership transfer registration on the motor vehicle of this case to the plaintiff, unless there are special circumstances.
B. As to the Defendant’s defense, ① unpaid management expenses, insurance premium 1,192,310 won, and damages for delay thereof, from the Plaintiff’s assertion to May 30, 2015, and ② management expenses and insurance premium based on the rate of KRW 308,850 that occur or incurred from June 1, 2015 to the time the Plaintiff takes over the transfer registration procedure for the instant motor vehicle from June 1, 2015.