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(영문) 대구지방법원김천지원 2019.04.03 2018가단5337

자동차소유권이전등록

Text

1. On November 29, 2018, the Defendant terminated the consignment management contract with respect to each of the vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1, 2, 3, 1, 2, and 1, 2:

On August 1, 2016, the Plaintiff acquired each of the motor vehicles listed in the separate sheet in the name of trucking transport business C (hereinafter “each of the instant motor vehicles”) and paid entrusted management fees to C in the name of trucking transport business Co., Ltd., and entered into an entrustment management contract with the purport that the Plaintiff would decide to operate and manage each of the instant motor vehicles (hereinafter “instant entrustment management contract”).

Since then, as the trade name of C was changed to the defendant, the registration of the change of each of the instant motor vehicles was made in the name of the defendant on August 17, 2016.

B. During that process, the Plaintiff expressed his/her intent to terminate the instant consignment management contract by serving a copy of the instant complaint on the Defendant, upon allowing the Defendant to apply for a license of the freight trucking services directly due to the amendment of statutes. The duplicate of the instant complaint was served on the Defendant on November 29, 2018.

2. Where an owner of a vehicle and an automobile transport business operator externally trust the name of the vehicle in his/her possession to a vehicle transport business operator, and the ownership and the right to manage the operation thereof belongs to the company to which the owner of the vehicle belongs. However, within the country, a contract is concluded in the form of a combination of title trust and delegation (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 201) with the purport that the owner of the vehicle and the vehicle transport business operator should pay a certain amount of management expenses to the company to which the land owner is located when he/she is entrusted with the right to manage the operation of the vehicle in his/her own account. A contract is concluded in the form of a mixture of delegation and delegation (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 2