자동차소유권이전등록 및 구상금
1. The Defendant terminated the consignment management contract as of August 24, 2016 with respect to the motor vehicles in the annexed list from the Plaintiff.
1. Basic facts
A. On December 31, 2014, the Plaintiff and the Defendant entered into an entrustment management contract (hereinafter “instant contract”) with respect to the cargo vehicles listed in the separate sheet (hereinafter “instant vehicle”). On December 31, 2014, the Defendant entrusted the Plaintiff with the title of registration of ownership, and the Plaintiff entered into an entrustment management contract with the Defendant to which the transportation business was entrusted.
B. The Defendant did not pay management expenses under the instant contract for the instant vehicle, and the Plaintiff terminated the instant contract by serving a written complaint of this case, and the instant warden reached the Defendant on August 24, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the instant contract was lawfully rescinded with the Plaintiff’s declaration of intent to cancel the contract on the grounds of default, such as the Defendant’s management expenses, etc. Therefore, the Defendant is obligated from the Plaintiff to implement the procedure for acquisition of transfer of ownership on the grounds of termination of the contract on the instant vehicle on August 24, 2016, the delivery date of the copy of the complaint of this case.
B. As to the Defendant’s assertion, the Defendant concluded a transit contract with the Korea Transportation Agency prior to the instant contract, and the Plaintiff did not perform the monthly sales and profit in return for the Plaintiff’s request for registration of transfer, and paid KRW 5 million out of the amount of 28 million to the number number, and the failure to pay the management fee is unreasonable to require the termination of the contract as the cumulative burden is large.
The registration number of motor vehicles for transport business is based on the premise that permission for transport business is granted, and where the transfer of ownership is registered for a motor vehicle registered for transport business, the previous registration number is reserved unless there are special circumstances, such as the transfer of the transport business itself.