logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.07 2015가단10824
자동차소유권이전등록
Text

1. The Defendant on March 25, 2015, on the motor vehicles indicated in the separate sheet to the Plaintiff, causes the termination of the consignment management contract.

Reasons

1. Facts recognized;

A. On August 23, 2006, the Plaintiff entered into an entrustment management contract with the Defendant, who is a trucking freight trucking service operator, with the effect that the external ownership of the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) reverts to the Defendant, and the Plaintiff is obliged to pay management expenses, etc. to the Defendant while operating the motor vehicle on consignment with the right of operation and management (hereinafter “instant contract”).

B. A duplicate of the instant complaint stating the Plaintiff’s intent to terminate the instant contract was served on March 25, 2015 on the Defendant.

[Ground of recognition] Facts without dispute, evidence No. 10, purport of the whole pleading

2. The instant contract is a form of contract in which the title trust and the delegation elements are combined, and the Plaintiff, who is in the position of the title truster, may terminate the entrustment contract at any time regardless of the agreed contract term.

(See Supreme Court Decision 97Da29479 Decided November 11, 1997, etc.). Therefore, the instant contract is deemed legally terminated on March 25, 2015, when the Plaintiff’s declaration of intent to terminate the contract was delivered to the Defendant. Therefore, the Defendant is obligated to implement the procedure for ownership transfer registration for the instant automobile as the cause of termination, barring any special circumstance.

3. The defendant's assertion and judgment

A. As to the Defendant’s assertion, Article 3(2) of the Addenda of the Trucking Transport Business Act (amended by Act No. 7100, Jan. 20, 2004; hereinafter “Act”) limits the termination of the relevant entrustment management contract among the persons entrusted with the trucking transport business at the time of the amendment, and the granting of individual trucking transport business permission only to those who intend to operate the relevant trucking transport business with the pertinent vehicle. Thus, in order to apply for permission by the Plaintiff pursuant to the above provision, the Plaintiff was not the instant automobile but the vehicle at the time of the amendment.

arrow