자동차소유권이전등기
1. The Defendant terminated the consignment management contract on February 15, 2019 with respect to the motor vehicles listed in the attached list to the Plaintiff.
1. Basic facts
A. On May 2010, the Plaintiff concluded an entrustment contract with the Defendant, who is a freight trucking service operator, on the automobiles listed in the separate sheet (hereinafter “instant truck,” and the previous vehicle number C was changed to D on July 2008).
(hereinafter “instant entrustment contract”). (b)
On February 8, 2019, the Plaintiff filed the instant lawsuit against the Defendant for the purpose of running individual cargo transportation services, and expressed his/her intent to terminate the instant entrustment contract. The duplicate of the instant complaint was served on the Defendant on February 15, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 3-1 and 2
2. Determination as to the claim and the party's assertion
A. Determination as to the claim of this case is based on a contract in the form of a mixture of title trust and delegation [see Supreme Court Decision 2010Da85324, Jan. 27, 2011; 2010Da85331, Jan. 27, 201]. The Plaintiff, a land owner owner, at any time, terminated the above entrustment contract as well as in the position of the title truster, and can seek implementation of the procedure for ownership transfer registration as to the instant motor vehicle against the Defendant, a land owner company, based on its termination.
(see, e.g., Supreme Court Decision 97Da29479, Nov. 11, 1997). The fact that the duplicate of the instant complaint stating the Plaintiff’s declaration of termination of the instant consignment contract was served on the Defendant on February 15, 2019 is as seen earlier, and thus, the instant consignment contract was lawfully terminated.
Therefore, barring any other circumstances, the Defendant is obligated to implement the procedure for ownership transfer registration for the instant automobile to the Plaintiff on February 15, 2019, which was caused by the termination of the entrustment contract.
B. (1) The plaintiff alleged as to the defendant's assertion (1) is running a transport business after entering into an entrustment contract with E Co., Ltd. for the instant truck from July 1, 2008. On May 17, 2010, the defendant is the truck of this case from the above E.