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(영문) 서울북부지방법원 2016.05.11 2016가단6948
자동차(자가용)소유권이전등록
Text

1. The Defendant on February 16, 2016, on the motor vehicles indicated in the separate sheet from the Plaintiff, causes the termination of the consignment management contract.

Reasons

Facts of recognition

On January 10, 2014, the Plaintiff registered the ownership of an automobile indicated in the separate sheet with the Defendant (hereinafter “instant automobile”) in the name of the Plaintiff, but entered into an entrustment management agreement with the Defendant to the effect that the Defendant was entrusted with the operation and management rights of the trucking transport business along with the registration number for the trucking transport business of the instant automobile, and that the Defendant paid the Plaintiff the expenses for entrusted management, and that the Defendant paid the tax,

Accordingly, the defendant completed the transfer registration of ownership of the automobile of this case around that time.

On September 24, 2015, the Seoul Northern District Court 2015ss. 7645, the conciliation case between the Plaintiff and the Defendant, confirmed that the Defendant’s obligation owed by the Defendant to the Plaintiff by August 31, 2015 under the consignment management contract was KRW 4,53,00,00, and the said obligation was paid in installments from September 30, 2015 to January 31, 2016, and the obligation arising from September 1, 2015 was paid by the Defendant in accordance with the consignment management agreement and custom.

Notwithstanding the decision in lieu of the above conciliation, the plaintiff urged the defendant to pay the management expenses, insurance premiums, etc. on February 3, 2016, and the above consignment management contract was terminated by the delivery of a copy of the complaint of this case where the defendant did not comply.

【Non-contentious facts, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings, based on the above-mentioned facts, since the above-mentioned entrustment management contract was lawfully terminated by being served on the defendant on February 16, 2016, the defendant is obligated to accept from the plaintiff the transfer of ownership registration procedure based on the termination of the above entrusted management contract on February 16, 2016.

In relation to this, the defendant has formed premium on the registration number for trucking transport business of this case, so it is from the plaintiff.

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