Whether a trustee of the registration of a motor vehicle has a benefit in action to seek a cause for the absence of the ownership of the motor vehicle to the trustee.

A trustee in the name of a motor vehicle registration may terminate the title trust by unilateral declaration of intention against the truster, while Article 31(3) of the Road Transport Vehicles Act provides that the motor vehicle transferor shall report the fact to the competent authority within 10 days from the date of transfer, and Article 14(7) of the same Act provides that the registration of the relevant motor vehicle shall be cancelled when the transferee fails to file an application for the registration of transfer within 30 days from the date of the above transfer report. Thus, the title trustee has no benefit in filing a lawsuit seeking confirmation of the absence of ownership of the relevant

Articles 14(7) and 31(3) of the Road Transport Vehicles Act

Freeboards

Mank-si

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

It is confirmed that the ownership of the motor vehicle recorded in the attached list does not exist in the plaintiff.

Judgment that the lawsuit costs shall be borne by the defendant

The plaintiff is owned by the defendant, and only the registered name was entrusted by the defendant at his request. The defendant operates the above motor vehicle without implementing the procedure for change of the registered name until seven months have passed since the first weak point that the above registered name will be returned to the defendant immediately before the defendant. If the accident occurred during the operation of the above motor vehicle, the plaintiff registered as the owner on the register of the motor vehicle will be damaged. Therefore, the plaintiff's claim that the ownership of the motor vehicle of this case does not exist in the plaintiff is sought confirmation that the ownership of the motor vehicle of this case is not existing in the plaintiff's above fact-finding, which is first examined.

A person entrusted with a false registration title of a motor vehicle may terminate the title trust as a unilateral declaration of intention for the title trust, and if the title trustee expresses his intention for the termination of the title trust, the title trustee is obligated to perform the procedure for the transfer registration of ownership to the relevant motor vehicle as a legal effect. Meanwhile, according to Article 31(3) of the Road Transport Vehicles Act, Article 14(7) of the same Act provides that a person responsible for performing the procedure for the transfer registration of ownership to a motor vehicle shall report to the competent authority within 10 days from the date of transfer of the motor vehicle, and Article 14(7) of the same Act provides that the competent authority shall cancel the registration if the transferee fails to file an application for the transfer registration within 30 days after the owner of the motor vehicle files a report of transfer under Article 31(3) of the same Act with the owner of the motor vehicle. Thus, the plaintiff, the title trustee, who is the defendant, expresses his intention for the termination of the title trust to the motor vehicle, and if only the defendant makes a report to the competent authority, it does not have any interest in seeking confirmation on the motor vehicle.

Therefore, the claim for confirmation of this case is dismissed because there is no benefit of lawsuit, and it is so decided as per Disposition by applying Article 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Lee Hong-chul