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(영문) 청주지방법원 2015.07.09 2015가단7497
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract on May 15, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. On or around April 200, the Plaintiff and the Defendant enter into an entrustment management contract (hereinafter “instant contract”) with the effect that the ownership of an automobile listed in the separate sheet (hereinafter “instant automobile”) shall vest in the Defendant on the grounds that the Plaintiff would be entrusted with the operation and management right of the instant automobile, and that the Plaintiff would pay a certain amount of fees every month in return for the entrustment of the operation and management right (hereinafter “instant contract”) with the Defendant, while operating the instant automobile upon entrustment. There is no dispute between the parties, and the fact that the Plaintiff served on the Defendant on May 15, 2015 that the duplicate of the instant complaint containing a declaration of intent to terminate the instant contract with the Defendant was delivered to the Defendant. Therefore, the instant contract was lawfully terminated on May 15, 2015, barring any special circumstance. Thus, the Defendant is obligated to implement the transfer registration procedure for the instant automobile on May 15, 2015.

2. Judgment on the defendant's assertion

A. First, the Defendant asserts that the registration number of the instant vehicle is a kind of business exclusive property of the Defendant, and even in cases where it is deemed that there is a duty to transfer the house registration number to the Plaintiff, the number of the transport businesses permitted by the Defendant is reduced by the number of the Defendant’s possession in the instant automobile upon termination of the instant contract. Thus, the Defendant cannot accept the Plaintiff’s claim before receiving the above KRW 20,000,000,000.

The registration number and the number plate of the vehicle shall be assigned by the Mayor/Do governor for the management of the vehicle in accordance with the Ordinance of the Ministry of Construction and Transportation, and the sign affixed and sealed on the vehicle is merely confined to the sign, and the right to use the registration number and the number plate of the vehicle in this case shall be the defendant.

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