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(영문) 광주지방법원 2016.03.30 2016가단672
자동차소유권이전등록절차이행
Text

1. On January 18, 2016, the Defendant terminated the consignment management contract with respect to each of the vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. 1) On September 6, 2012, the Plaintiff entered into an entrustment management agreement with the Defendant on each of the motor vehicles listed in the separate sheet, with the content that the ownership shall vest in the Defendant, but operates the motor vehicle upon entrustment of the operation and management right of the motor vehicle from the Defendant, and would pay monthly management expenses to the Defendant and bear the Plaintiff’s tax and public charges and automobile insurance premiums (hereinafter “instant entrustment management agreement”).

(2) On September 14, 2012, the Plaintiff entered into the instant consignment management contract with the Defendant on September 14, 2012, and on September 30, 2013, registered the transfer of ownership in the name of each Defendant on the automobiles listed in Paragraph (2) of the Attached List No. 1. 2) The Plaintiff expressed his/her intent to terminate the instant consignment management contract by serving the instant complaint, and on January 18, 2016, the instant complaint was served on the Defendant.

3) Meanwhile, even after the notice of termination, the Plaintiff still has the ownership of each motor vehicle listed in the separate sheet from the date of the closing of argument in this case to the date of carrying on transportation business by using the said motor vehicle. [Grounds for recognition] The Plaintiff has no dispute, and the purport of Gap evidence 1 through 6 (each entry and all pleadings including number number), as a whole.

B. According to the facts of the above recognition, the above entrustment management contract of this case has entrusted the ownership of each motor vehicle listed in the separate sheet to the defendant in the name of the defendant, and reverts ownership and operation management rights to the defendant. In the inside, the plaintiff, the actual borrower of each of the above vehicles, is entrusted with his own operation management rights, and operated and managed under his own independent calculation by the defendant, and the fees for using the defendant's registration title of trucking transport business, and the fees for performing external management affairs such as paying taxes and public charges on each of the above vehicles by the defendant.

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