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(영문) 부산지방법원동부지원 2015.08.20 2015가단205170
소유권이전등록
Text

1. As to the motor vehicles indicated in the attached list to the Plaintiff, the Defendant is on the ground of the termination of the entrustment contract as of May 22, 2015.

Reasons

1. Facts of recognition;

A. On March 1, 2007, the Plaintiff and the Defendant transferred the ownership of the instant automobile to the Defendant for the purpose of operating and being entrusted with the general trucking transport business with respect to the instant automobiles listed in the separate sheet (hereinafter “instant automobiles”), and concluded an entrustment contract for the transport business with the content of entrusting the Plaintiff with the operation and management right of the trucking transport business.

(hereinafter “instant consignment contract”). (b)

Accordingly, on May 28, 2007, the registration of transfer of ownership was completed in the name of the defendant.

C. The Plaintiff expressed to the Defendant the intent to terminate the instant consignment contract by serving a duplicate of the instant complaint, and the duplicate was served on May 22, 2015 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination of the cause of the instant entrustment contract is equivalent to a delegation contract under the Civil Act, and the Plaintiff may terminate it at any time. Thus, barring any special circumstance, the instant entrustment contract was lawfully terminated by the delivery of the copy of the instant complaint containing the Plaintiff’s expression of intent to terminate the contract, barring any special circumstance, the Defendant is obligated to implement the procedure for ownership transfer registration on May 22, 2015, which is the date of service of the copy of the instant complaint concerning the instant automobile.

3. Judgment on the defendant's assertion

A. According to Article 3(2) of the Addenda of the former Trucking Transport Business Act (Act No. 7100), the Defendant’s assertion that the pertinent title trust and the relevant consignment contract may be terminated and the trucking transport business may be licensed among the persons entrusted with the trucking transport business by the trucking transport business, who are entrusted with the trucking transport business to a person operating the trucking transport business at the time of its promulgation. The Plaintiff is a title trust and the instant automobile on May 28, 2007.

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