소유권이전등록
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
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 each entry in Gap evidence Nos. 1 through 5:
On September 4, 2014, the Plaintiff, a trucking management business, etc., entered into an entrustment management contract with the Defendant for the purpose of entrusting the operation and management right of the vehicles listed in the separate sheet owned by the Defendant (hereinafter “instant cargo vehicles”) with respect to the transportation business (hereinafter “instant consignment management contract”) and completed the transfer of ownership on the instant cargo vehicles. The instant consignment management contract included the instant consignment management contract as follows.
Article 3 (Period of Entrustment Management) (1) The period of entrustment management under this Agreement shall be one year, and when an application for renewal is filed after the completion of the period, the contract shall be renewed by giving priority to the defendant, unless there is a special reason.
(2) A period shall be extended automatically if no objection is raised by either the petitioner or the defendant.
Article 5 (Entrustment Management Fees) (1) The defendant shall pay monthly management fees to the plaintiff in return for the entrustment of the operation and management rights.
Article 15 (Separate Collection of 10% Additional Tax). ① Taxes and public charges, deductible contributions and comprehensive insurance premiums, entrusted management expenses and installment payments at the time of purchase of a vehicle in arrears shall be borne by 1% per month at least one month. In the event of default for at least three months, the plaintiff shall not be liable for civil and criminal liability as well as all other responsibilities even if he/she arbitrarily collects the vehicle without the consent of the defendant, and the defendant shall not raise an objection against this.
Article 16 (Cancellation of Contract) (2) In any of the following cases, the plaintiff may unilaterally cancel the contract without a peremptory notice of performance:
1. When the defendant has defaulted on the burden of Article 5 for not less than three months;
B. As of June 2016, the Defendant did not pay the entrusted management fee to the Plaintiff on April 2016 through June 2016.