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(영문) 청주지방법원 2015.07.09 2015가단2911

자동차소유권이전등록

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1. The defendant shall receive KRW 180,000 from the plaintiff, and at the same time, the defendant shall enter the vehicle in the attached list in the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant entered into an entrustment management contract with the content that the ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) reverts to the Defendant, and that the Plaintiff shall pay a certain amount of entrusted management fees every month in return for the entrustment of operation and management rights (hereinafter “instant contract”) upon being entrusted with the instant motor vehicle operation and management rights by the Defendant.

B. On March 5, 2015, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant contract against the Defendant reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. A. An automobile consignment management contract and so-called a branch entry contract are in the form of a contract in which a branch entry owner registers an automobile externally in the name of a branch entry company and vests the ownership and the right to manage the land. In the inside of the country, a branch entry company is entrusted with an independent operation management right and managed under its own account by a branch entry company, and usage fees and a branch entry company pays a certain amount of entrusted management expenses every month for the purpose of performing external management affairs such as paying taxes and public charges to the branch entry company. A branch entry owner who is in the position of the said authorized person and the title truster at any time regardless of the contract term under Article 689(1) of the Civil Act, may seek the implementation of the procedure for ownership transfer registration as to the pertinent automobile, regardless of the contract term, and as to the company entering into the pertinent branch entry, the execution of the procedure for ownership transfer registration as to the relevant automobile.

B. According to the facts acknowledged earlier, the instant contract is made to the Defendant with a duplicate of the complaint.