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(영문) 수원지방법원평택지원 2014.11.20 2014가단9804

자동차인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's summary of the plaintiff's assertion is the external owner of the motor vehicle listed in the attached list (hereinafter "the cargo of this case"). Since the defendant occupies it, the defendant seeks to deliver the cargo of this case based on the claim for return of ownership.

[Defendant alleged that the external owner of the Cargo in this case was UNFCCC Co., Ltd. (Article 3-2) through a preparatory document dated October 20, 2014 (Article 3-2 of the above preparatory document), however, the Plaintiff made it clear that he/she is the purport of exercising his/her right to claim the return of the article owned by him/her as an external owner on the second preparatory date.

[2. According to Gap evidence No. 2-1, the cargo of this case was registered as the owner on the cargo of this case. According to the above facts, the external owner of the above cargo of this case is not entitled to seek delivery of the above cargo of this case upon the plaintiff's right to claim the return of the cargo of this case. Since the plaintiff is the owner of the cargo of this case, and the above register also includes the fact that the plaintiff is the entrusted vehicle invested in kind by the plaintiff, it seems that the plaintiff can exercise his authority as an external owner. However, as the contract between the trucking business operator holding the freight truck's license and the borrower who actually owns the automobile belongs to the trucking business operator, each borrower is registered in the name of the trucking business operator and belongs to the trucking business operator, while conducting independent management and business for its own account, it is within the form of transportation business in which each borrower pays rent to the trucking business operator, the external owner belongs to the right to claim the return of the cargo of this case and belongs to the authority of the company for return of this case No. 198. 198.2. 198.2.