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(영문) 부산지방법원 2019.10.24 2019가단316157
소유권이전등록
Text

1. The Defendant terminated the consignment management contract on May 24, 2019 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. A. Around September 20, 2003, the Plaintiff’s wife-Named entered into an entrustment management agreement with the Defendant on the following terms: (a) ownership of a motor vehicle listed in the separate sheet to be purchased by D (hereinafter “instant motor vehicle”) shall vest in the Defendant; and (b) upon delegation of the operation and management right of the instant motor vehicle from the Defendant, that the Defendant would pay management expenses to the Defendant.

At that time, the Defendant registered the instant automobile under the name of the Defendant.

B. On August 6, 2008, the Plaintiff entered into an entrustment management contract with the Defendant on the same terms and conditions as above (hereinafter “instant entrustment management contract”) and paid management expenses to the Defendant from that time and operated the instant automobile.

C. The Plaintiff filed the instant lawsuit with the intent to terminate the instant consignment management contract, and the duplicate of the instant complaint was served on May 24, 2019 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. 1) Determination on the cause of a claim is based on the following: (a) the consignment management contract for a motor vehicle is in the form of a combination of the title trust and the terms of delegation with the effect that the land owner operator registers the motor vehicle externally in the name of the land owner company and vests in the ownership and the right to manage the motor vehicle; and (b) in the inside, the land owner company is entrusted with the independent operation management right for its own operation and management under its own account and pays a certain amount of the monthly consignment fee to the land owner company. Therefore, the land owner may, in principle, terminate the above consignment management contract at any time and seek implementation of the transfer of ownership registration procedure for the land owner on the ground of the termination of the above consignment management contract for the said motor vehicle. According to the above facts of recognition, the above consignment management contract of this case is intended to terminate.

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