자동차소유권이전등록절차이행
1. The Defendant terminated the entrustment contract on September 13, 2016 with respect to the motor vehicles listed in the attached list to the Plaintiff.
1. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff and the Defendant entered into an entrustment contract with the Defendant on March 1, 2004. However, according to the written evidence Nos. 1 and 2, since the instant vehicle was manufactured on February 2, 2004 and was first registered on March 23, 2004 with the Defendant as the owner, it is reasonable to deem that the entrustment contract for the instant vehicle was concluded on March 1, 2004. It is difficult to view that the written evidence Nos. 4, 5, 9, and 11 were concluded on April 1, 2003 only on the basis of the written evidence Nos. 4, 5, and 9, and 11.
A) Ownership of the said vehicle belongs to the Defendant, and the Plaintiff is entrusted with the management and operation of the said vehicle by the Defendant and is obliged to pay the fare, etc. to the Defendant while operating the said vehicle (hereinafter “instant contract”).
2) On September 13, 2016, the Plaintiff expressed to the Defendant the intent to terminate the instant contract by serving a duplicate of the instant complaint, and the said duplicate of the complaint reached the Defendant on September 13, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. Determination 1) In a case where an owner of a vehicle and an automobile transport business operator externally trust the name of his/her vehicle to a vehicle transport business operator and vests his/her ownership and right to manage the vehicle in the company in which the ownership and right to manage the vehicle are vested, and where an entrustment management contract is entered into between the owner of the vehicle and the automobile transport business operator with the purport that the owner of the vehicle will pay a certain amount of management expenses to the company in which the vehicle is located in the company in which the right to manage the vehicle in question is entrusted and operated under his/her own account, it is a contract in which the title trust and the delegation are combined (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 2011).