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(영문) 울산지방법원 2015.07.22 2014나7193

자동차소유권이전등록신청절차인수 등

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1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 5, 6-3, 4, and 7.

On May 20, 2007, the Defendant entered into an entrustment management contract with the Tracers listed in the attached Form (hereinafter referred to as the “Tracers”) registered in the Plaintiff’s name and entered into a monthly management fee of KRW 198,000 with respect to the Tracers (hereinafter referred to as the “Tracers”), and operated the transportation business using the above vehicles around that time.

B. On June 3, 2010, the plaintiff transferred the ownership of the Track in this case and the freight trucking services license company to Ssung companies without the defendant's consent.

C. Accordingly, the Defendant discontinued its business because it is no longer possible to carry on the transportation business.

2. On June 1, 2010, the Plaintiff asserted that: (a) the Defendant entered into an entrustment management agreement with the Defendant to pay monthly management expenses of KRW 80,00 with respect to the instant Leper; (b) the Defendant terminated the entrustment management agreement on February 21, 2014; (c) the Defendant, on April 21, 2014, paid the Plaintiff unjust enrichment calculated at the rate of KRW 4,433,090, including the unpaid management expenses of KRW 2,440,00 by April 21, 2014; and (d) the Defendant, from February 21, 2014 to February 21, 2014, had the obligation to accept the transfer of ownership due to the termination of the entrustment management agreement.

In addition to the conclusion of the instant contract on the instant Traler and the instant Traler between the Plaintiff and the Defendant, a separate consignment management contract was concluded on June 1, 2010.