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(영문) 수원지방법원안산지원 2015.12.10 2015가단22526

자동차소유권이전등록

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1. The Defendant terminated the consignment management contract on August 4, 2015 with respect to the motor vehicles listed in attached Form 1 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 29, 2012, the Plaintiff and the Defendant entered into an entrustment management agreement (hereinafter “instant management agreement”) with the purport that the ownership of the instant motor vehicle shall vest in the Plaintiff. However, upon being entrusted with the instant motor vehicle operation and management right, the Defendant shall pay management expenses, taxes and public charges, deductible charges, etc. (hereinafter “management expenses, etc.”) to the Plaintiff each month in the course of performing it.

B. When concluding the instant management contract, the Plaintiff and the Defendant agreed that the Plaintiff may terminate the instant management contract where the Defendant failed to pay management expenses, etc. for at least two months.

C. On August 4, 2015, the Defendant failed to pay management expenses, etc. for more than two months, and the Plaintiff sent a certificate to the Defendant that the instant management contract will be terminated, and reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. According to the above facts of recognition, since the management contract of this case was lawfully terminated by the plaintiff's notice of termination on the ground of non-payment such as management expenses of the defendant, the defendant is obligated to take over the transfer registration procedure of this case from the plaintiff due to its restoration to its original state.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.