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(영문) 대전지방법원 2017.03.17 2016가단25604

자동차소유권이전등록

Text

1. On August 29, 2016, the Defendant terminated the consignment management contract with respect to the Plaintiff’s motor vehicles indicated in the attached list.

Reasons

1. Determination as to the cause of claim

A. On February 6, 2001, the Plaintiff is a truck listed in the separate sheet (hereinafter “instant truck”) between the Defendant and the Defendant on or around February 6, 2001.

A) As to the registration of transfer of ownership in the name of the Defendant, who is a trucking transport business operator, the Plaintiff shall complete the registration of transfer of ownership in the name of the Defendant, and the terms and conditions that the Plaintiff shall pay monthly entrusted management expenses, etc. to the Defendant while operating the said vehicle upon entrustment

(2) The Plaintiff expressed his/her intent to terminate the instant entrustment contract by serving a duplicate of the instant complaint on the Defendant, and the duplicate of the instant complaint was served on the Defendant on August 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

B. The judgment of the owner of a vehicle and the owner of a truck trucking business externally vests the name of the vehicle in trust between the owner of the vehicle and the owner of the vehicle in the company where the ownership and the right to manage the vehicle is vested in the company where the ownership and the right to manage the vehicle are vested in the company where the owner of the vehicle are assigned to the owner of the vehicle. However, if the owner of the vehicle and the owner of the vehicle enter into the entrustment management contract on the vehicle with the intent to pay a certain amount of management fees to the company to be invested in the company where the owner of the vehicle is entrusted with the right to manage the vehicle in his/her own account, such agreement is in the form of a contract in which the title trust and the delegation are combined (see, e.g., Supreme Court Decision 2010Da85324, Jan. 27, 2011). The owner

(see, e.g., Supreme Court Decision 97Da29479, Nov. 11, 1997). According to the above facts, the entrustment contract of this case is lawfully terminated upon the Plaintiff’s declaration of intent to terminate the contract to the Defendant on August 29, 2016, and thus, special circumstances exist.