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(영문) 의정부지방법원 2017.04.26 2016가단31411

소유권 이권 촉구의 소

Text

1. The Defendant terminated the consignment management contract on October 5, 2016 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. On April 8, 2016, the Plaintiff entered into an entrustment management contract under which the Defendant and the Defendant entered in the separate sheet (hereinafter “instant vehicle”) with the ownership registration in the name of the Plaintiff, and the Plaintiff, while operating the instant vehicle upon being entrusted with the management right of the instant vehicle by the Plaintiff, shall pay the management fee and insurance premium (hereinafter “management fee, etc.”) each month to the Plaintiff (hereinafter “instant entrustment management contract”).

On April 2016 to October 2016, the Defendant defaulted on KRW 1,677,870, including management expenses for the period from April 2016, and the Plaintiff notified the Defendant of the termination of the contract in writing on October 5, 2016.

Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on October 5, 2016 on the ground of termination of the contract, and pay KRW 1,677,870, such as the management fees, etc. unpaid to the Plaintiff.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.