자동차명의이전등록청구
1. On December 2, 2016, the Defendant concluded a facility lease agreement with the Plaintiff on each of the motor vehicles indicated in the attached list of the motor vehicles.
1. The gist of the Plaintiff’s assertion of the cause of claim is that of a merchant bank specializing in credit facilities leasing business, etc., the Plaintiff entered into an industrial re-lease agreement with the Defendant on each of the automobiles listed in the separate sheet of “automobile” (hereinafter “instant automobile”). As such, the instant automobile is owned by the Plaintiff.
After the conclusion of the above contract, the defendant lost the benefit of time due to the default of the lease fee, and the plaintiff terminated the above contract.
Therefore, the Defendant is obligated to implement the registration procedure to change the name of the instant vehicle in the future of the Plaintiff.
2. Article 33(1) of the Specialized Credit Financial Business Act provides that a lessor may register a vehicle in the name of a lessee in cases where the lessor leases the facility of the vehicle. In accordance with the above provision, the ownership of the vehicle registered in the name of the lessee as well as the ownership of the vehicle is domestically and externally owned by the lessor.
(See Supreme Court Decision 200Da40025 Decided October 27, 200, etc.). According to each of the descriptions and the entire purport of the evidence Nos. 2, 3, 4, 6, and 9 (including the numbers of several numbers) as to the instant motor vehicle, the Plaintiff, a lessor, entered into each of the instant motor vehicle leasing contracts with the Defendant three times from October 27, 2015 to May 27, 2016, and accordingly, the Defendant acquired the instant motor vehicle and completed each ownership registration as to the instant motor vehicle between November 3, 2015 and June 23, 2016, and the Plaintiff, on November 28, 2016, without notifying the Defendant of the rent no later than December 28, 2016, the Plaintiff’s termination of each of the instant facilities leasing contracts.
According to the above facts, each facility leasing contract concluded between the plaintiff and the defendant on the instant automobile is in accordance with the plaintiff's termination notice.