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(영문) 대구지방법원 2018.03.20 2017가단25038

자동차소유권이전등록

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1. The defendant is paid KRW 14,822,670 from the plaintiff and at the same time he is stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On January 2002, the Plaintiff entered into an entrustment contract with the content that the ownership of the vehicle vests in the Defendant, who is the trucking transport business, and that, while operating the vehicle upon entrustment of the operation and management right of the said vehicle by the Defendant, would pay a certain amount of management fee to the Defendant, and bear the liability to pay taxes, public charges, insurance premiums, penalties, and interest on arrears (hereinafter “instant entrustment contract”).

B. On January 1, 2002, according to the instant consignment contract, the Plaintiff commenced the freight transport day with the “on the port five tons’ portrait truck”, but on October 17, 2007, the Plaintiff changed the vehicle to the “scam7.5 tons’ truck” on October 17, 2007 as the vehicle was worn out. Then, on July 1, 2010, the Plaintiff changed to the “on the port 9.5 tons’ truck,” but, on October 15, 2015, changed to the instant vehicle.

C. On October 23, 2017, a duplicate of the instant complaint stating the Plaintiff’s expression of intent to terminate the instant consignment contract reaches the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the above entrustment contract of this case is in the form of a combination of the title trust and the elements of delegation that the Plaintiff registers the instant automobile in the name of the Defendant and vests in the Defendant’s ownership and operation management rights. In the inside of time, the contract of this case is in the form of a combination of the title trust and the elements of delegation with the payment of monthly amount of entrusted management expenses under the name of the Defendant’s use of the Defendant’s registered name of freight trucking services, such as the fees for the use of the Defendant’s registered name of freight trucking services and the Defendant’s payment of taxes and public charges, etc.