자동차소유권이전등록절차이행
1. The defendant is paid KRW 1,470,296 from the plaintiff, and at the same time, he is stated in the attached Table to the plaintiff.
1. Basic facts
A. On January 1, 2003, the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with the Defendant, a trucking transport business operator, to transfer ownership to the Defendant externally and to pay monthly management expenses, etc., while operating the instant vehicle on consignment by the Defendant.
B. The Plaintiff expressed to the Defendant the intent to terminate the instant contract by serving a duplicate of the instant complaint, and the duplicate of the complaint reached the Defendant on December 19, 2016.
C. Meanwhile, while engaging in the cargo transport business using the instant vehicle, the Plaintiff unpaid the deductible additional contributions of KRW 1,470,296.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Determination
A. The owner of a vehicle and a motor vehicle transport business entity externally vests the name of the motor vehicle in trust between the owner of the vehicle and the motor vehicle transport business entity, and vests the ownership and the right to manage the vehicle in trust with the motor vehicle transport business entity (in a case where the owner of the vehicle and the motor vehicle transport business entity enter into an entrustment management agreement on the motor vehicle with the intent to pay a certain amount of management fees to the land-in company when operating the motor vehicle under his/her own account by being entrusted with the right to manage the operation of the motor vehicle in general, such agreement is in the form of a contract in which title trust and the delegation are combined (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 2011). A person who is in the position of the truster and the owner of the vehicle are in the position to terminate the entry
(See Supreme Court Decision 97Da29479 delivered on November 11, 1997, etc.). B.
According to the above facts of recognition, the Plaintiff’s expression of intent to terminate the instant contract on the instant vehicle on December 19, 2016.