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(영문) 서울서부지방법원 2019.04.10 2018가단15850

자동차소유권이전등록

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1. The Defendant terminated the consignment management contract as of October 24, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 20, 2012, the Plaintiff entered the Plaintiff into an entrustment management agreement with the Defendant and the Defendant on the following terms: (a) registered the Plaintiff under the name of the Plaintiff; and (b) entrusted the Defendant with the operation and management right of cargo transportation services using the instant vehicle; (c) the Defendant bears public charges, such as various automobile insurance premiums, imposed on the vehicle while carrying on its account with the said vehicle and carrying on transportation business on its own account; (d) the Defendant paid KRW 210,000 per month management expenses to the Plaintiff; and (e) if the Defendant delayed such obligation for more than three months, the Plaintiff entered into the entrustment management agreement with the main content that the Plaintiff exercises the right of cancellation without the peremptory notice of the performance (hereinafter “instant

B. From May 2018 to October 2018 after the instant contract, the Defendant delayed the payment of KRW 7,685,650 in total, including management expenses, D Association expenses, environmental charges, comprehensive insurance premiums, liability insurance premiums, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7

2. According to the above facts of recognition, the right to termination was created by delay by the Defendant’s obligation to pay management expenses, etc. under the instant contract for more than three months, and the fact that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant contract was served on the Defendant on October 24, 2018 is clearly recorded, and thus, it is reasonable to deem that the instant contract was terminated on the same day.

Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.