자동차소유권이전등록절차이행
1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.
2. Costs of appeal.
1. Facts of recognition;
A. On February 28, 2003, the Plaintiff, while running a cargo transport business, entered into an entrustment management contract with respect to the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”), without distinguishing the two from the change of trade name, on November 26, 2004.
B. On November 13, 2006, the Defendant: (a) transferred the instant automobile from the Yongsan Road to the Defendant and completed the transfer registration procedure under the name of the Defendant; (b) around that time, the Plaintiff reverted the ownership of the instant automobile to the Defendant; (c) the Plaintiff entered into an entrustment management contract with the purport that the Plaintiff shall pay management fees, insurance premiums, taxes and public charges to the Defendant while operating the instant automobile upon being entrusted with the right to operate the instant automobile by the Defendant; and (d) concluded the entrustment management
C. After doing business registration with the trade name of “B”, the Plaintiff was served on May 7, 2015 with a copy of the instant complaint indicating that the instant management contract was terminated in order to operate the freight trucking services directly.
【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, Eul evidence 1, 2, and 6, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The first car consignment management contract, based on the judgment on the cause of the claim, is the car owner's external registration of the car in the name of the branch owner and the ownership and the right to manage the car in the name of the branch owner. However, in the inside of the country, the car owner's independent right to manage the car is entrusted by the branch owner to operate and manage the car under his own independent account, and the car owner's external management is dealt with such external management as paying taxes, public charges, etc. to the branch owner.