자동차소유권이전등록절차이행등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a trucking business operator who engages in general and special trucking transport and entrusted business.
B. On August 10, 2012, the Plaintiff entered into a land entry contract (hereinafter “instant land entry contract”) with the Defendant with regard to the first 4.5 tons of grassland trucks owned by the Defendant for a two-year period of contract, and made the Defendant use of the “B” number plate (hereinafter “instant number plate”) which is the number plate licensed for a trucking transport business owned by the Plaintiff.
C. On April 2014, the Defendant scrapped the instant truck due to fire, and purchased a motor vehicle listed in the separate sheet (hereinafter “instant truck”) around May 2014, and concluded that the instant land entry contract was maintained with the Plaintiff as a new truck purchased between the Plaintiff and the Plaintiff.
On July 27, 2015, the Plaintiff returned the instant phone number plate to the Defendant on the ground that the instant land entry contract expired on August 10, 2015, and sent a certificate of content that the Plaintiff would accept the transfer registration procedure for the instant truck.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion was expired on August 10, 2014, but the Plaintiff agreed to extend the instant land entry agreement with the Defendant only one year, taking into account the Defendant’s circumstances. As such, the instant land entry agreement was terminated on August 10, 2015.
Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant truck from the Plaintiff and return the instant number plate to the Plaintiff.
B. It is difficult to view that there was an agreement between the Plaintiff and the Defendant on August 2014 to extend the instant land entry contract by one year, solely with the statement of evidence No. 3, and there is no other evidence to prove otherwise.
In addition, Article 40-2 (3) of the Trucking Transport Business Act is a trucking business operator.