(영문) 대구지방법원 2016.09.22 2016나3575 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2016.09.22 2016나3575

자동차소유권이전등록절차

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The defendant is a corporation established for the purpose of trucking transport business.

B. On October 6, 2010, the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with the purport that the title of ownership registration on the Defendant and the truck shall be vested in the Defendant, and the Defendant shall be entrusted with the right to operate and manage the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and shall pay monthly access fees, insurance premiums, etc. to the Defendant, and the ownership registration of the instant motor vehicle shall be vested in the Defendant.

C. Meanwhile, under Article 3(4) of the Trucking Transport Business Act (amended by Act No. 7100 of Jan. 20, 2004) and Article 3(2) of the Enforcement Decree of the same Act, individual trucking transport businesses using one truck have been possible. Article 3(2) of the Addenda of the same Act provides that "any person who intends to operate a trucking transport business with a trucking transport business under title trust from December 31, 2004 among those who are entrusted with the trucking transport business by a truck under title trust with a person operating a trucking transport business at the time of the promulgation of this Act may, notwithstanding the amended provisions of Article 3(5)1, file an application for permission with the Minister of Construction and Transportation, and the Minister of Construction and Transportation, upon receiving an application for permission, may terminate the entrustment contract and operate an individual trucking transport business."

On July 14, 2015, the copy of the complaint of this case, including the Plaintiff’s expression of intent to terminate the contract of this case against the Defendant, was delivered to the Defendant.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The defendant's judgment on this safety defense shall be made on September 14, 2010 by the plaintiff.

참조조문

-화물자동차 운수사업법 제3조 제4항

-화물자동차 운수사업법 시행령 제3조

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