소유권이전등록등
1. Of the instant lawsuits, the part claiming the cost of issuing the execution clause, the stamp stamp and the delivery fee shall be dismissed.
2. The defendant, as well as a family.
1. On November 22, 2017, the Plaintiff and the Defendant concluded an entrustment contract with respect to the motor vehicles indicated in the separate sheet.
From September 2019, the defendant delayed the payment of management expenses, insurance premiums, etc. to be borne by the defendant under the above contract, and on November 15, 2019, the plaintiff notified the defendant of the payment of unpaid management expenses, insurance premiums, public charges, etc. by November 25, 2019, but the defendant did not comply with such notification.
Therefore, as the above consignment contract between the Plaintiff and the Defendant terminated on November 25, 2019 following the Plaintiff’s declaration of termination, the Defendant is obligated to take over the transfer registration procedure for the said automobile from the Plaintiff, and pay the Plaintiff KRW 4,279,750, mail return fees of KRW 1,800, expenses for issuing the execution clause, KRW 10,00, towing expenses and travel travel expenses of KRW 464,70, and KRW 24,60, and delivery fees of the instant stamp, KRW 144,00,00, and KRW 50,000, and KRW 4,974,850.
[- The amount of litigation costs incurred by dismissal can be repaid through the procedure for determination of the amount of litigation costs under the provisions of the Costs of Civil Procedure Act after the final judgment becomes final and conclusive, so there is no benefit in filing a separate lawsuit (see, e.g., Supreme Court Decision 2010Da96997, Mar. 24, 2011). The cost of execution should be separately applied for a decision to determine the amount of execution costs and execute the said decision as an executive title, and a separate lawsuit is unlawful as there is no benefit in filing a lawsuit (see, e.g., Supreme Court Decision 2015Da2393, Sept. 10, 2015). The cost of issuing the execution clause for which the Plaintiff seeks payment falls under the execution cost, and the cost of stamp and delivery falls under the litigation cost, and thus, the cost of claiming each of the above costs is unlawful
- Some dismissed parts of the Plaintiff shall be KRW 1,800 for postal items return expenses and KRW 50,000 for unpaid management expenses and insurance premiums, KRW 4,279,750 for towing expenses and business travel expenses, KRW 464,70 for towing expenses, and KRW 50,00 for administrative fines.