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(영문) 수원지방법원안산지원 2016.09.21 2016가단8947
소유권이전등록
Text

1. The Defendant terminated the consignment management contract on May 3, 2016 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. The facts below are without dispute between the parties or acknowledged in full view of Gap evidence Nos. 1 to 3, and Eul evidence No. 1, and there are no counter-proofs.

On December 16, 2008, the Plaintiff entered into an entrustment management contract with the Defendant on the condition that the ownership of the instant automobile purchased by the Plaintiff vests in the Defendant company. However, the Plaintiff actually operated the instant automobile, and the Plaintiff entered into a monthly entrustment management contract with the content that the Plaintiff will pay management expenses, land admission fees, insurance premiums, etc. to the Defendant company (hereinafter “instant branch entry contract”), and completed the registration of change of the name of the instant automobile in the future of the Defendant.

B. On May 3, 2016, a duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the instant entry contract reaches the Defendant.

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff sought implementation of the procedure for ownership transfer registration based on the termination of the instant land entry contract with respect to the instant automobile.

B. As to this, the Defendant asserts that the instant claim for the transfer registration of the instant land is unjustifiable, since the period of entrusted management of the instant land entry contract was until December 16, 2017, and that the instant automobile was cancelled in the middle, and that the Plaintiff cannot be entitled to apply for an individual vehicle transport license after the termination of the relevant entrustment management contract, as the instant automobile was cancelled in the middle. Therefore, the instant claim for the transfer registration is unreasonable.

3. Determination

A. Therefore, according to the above facts, the instant land entry contract is in the form of a mixed contract with the elements of title trust and delegation. In light of the nature of such a contract, the Plaintiff is a delegated person and a land owner in the position of a title truster, and at any time, between the Defendant and the land owner, who is the land owner company unilaterally.

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