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(영문) 광주지방법원목포지원 2016.07.21 2016가단4691

소유권이전등록

Text

1. The defendant shall be the plaintiff.

(a)payment of 13,717,740 won;

B. As to the trucks listed in the attached list, June 3, 2016.

Reasons

1. Indication of claim;

A. On September 1, 2010, the Plaintiff entered into a transportation business consignment management contract (hereinafter “instant management contract”) with the Defendant to receive management expenses, etc. of KRW 198,000 per month for the truck indicated in the separate sheet (hereinafter “instant truck”) and completed the Plaintiff’s transfer of ownership on the instant truck.

B. On June 3, 2016, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant management contract was served on the Defendant.

C. Before July 21, 2016, the Defendant unpaid management expenses, administrative fines, etc. of KRW 13,381,140 unpaid until May 31, 2016 and KRW 336,960 unpaid money from June 1, 2016 to July 21, 2016, which is the sentencing date of the instant case. (336,960 [198,000 won (=138,600 won + 198,000 x 21/30)].

2. Article 208 (3) 1 of the Civil Procedure Act:

3. The Plaintiff is also seeking payment of money calculated at the rate of KRW 198,00 per month from the date of the instant sentencing to the date of registration of transfer of ownership on the instant truck from the date of the instant sentencing.

However, in a lawsuit in which a local owner-owner seeks to implement the procedure for registration of transfer of ownership against a local government-invested company on the ground of the termination of a local government-invested contract, it shall be deemed that the local government-invested company has a simultaneous performance relationship with the obligation to fulfill the procedure for registration of transfer of ownership only with regard to the obligation to return unjust enrichment equivalent to the fees for the period during which the local government-invested vehicle continued to operate and run the freight truck

This is because, even after the date of the closure of the fact-finding proceedings, it cannot be determined at the time of the closing of argument that the land owner will obtain unjust enrichment equivalent to the land rent by running the freight trucking services using the registration name of the freight trucking services of the land-listed company.