자동차소유권이전등록
1. The defendant shall receive KRW 138,307 from the plaintiff at the same time, and at the same time, the plaintiff shall be stated in the attached list.
1. Facts of recognition;
A. On October 19, 2010, the Plaintiff entered into an entrustment management agreement with the Defendant to the effect that the ownership of a motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) belongs to the Defendant, while operating the motor vehicle upon entrustment by the Defendant, and would pay 143,000 won monthly management expenses (including value-added tax) to the Defendant and bear the Plaintiff’s taxes, public charges, and insurance premiums, etc. (hereinafter “the instant consignment management agreement”), and registered the transfer of ownership in the name of the Defendant on the instant motor vehicle.
B. On August 23, 2013, the Plaintiff expressed his/her intent to terminate the instant consignment management contract by the delivery of the instant complaint, and served the Defendant with the instant complaint on August 23, 2013.
C. Meanwhile, even after the notice of termination, the Plaintiff still has the ownership of the instant motor vehicle as the Defendant and runs the transportation business until now using the said motor vehicle.
[Ground for Recognition: Facts without dispute, entry of evidence A1 and 2, purport of the whole pleadings]
2. Determination
A. According to the above facts, the above consignment management contract of this case is externally entrusted to the defendant, and its ownership and operation management rights are vested in the defendant. In the case of the plaintiff, the actual borrower of the above automobile, who is entrusted with its own operation management rights under his own independent account, is entrusted with the defendant to operate and manage the above automobile under his own account, and the fees for the use of the defendant's freight truck registration and the management fees every month for the defendant to pay the above automobile taxes and the fees for the use of the defendant's external management duties such as paying the above automobile on behalf of the defendant, etc. are combined with the elements of the title trust and the delegation.