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(영문) 수원지방법원성남지원 2017.11.10 2016가단28131
자동차소유권이전등록신청절차인수 등
Text

1. The Defendant terminated the consignment management contract on January 13, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. As to the acquisition of the transfer registration procedure

A. Comprehensively taking account of the overall purport of arguments in each statement of evidence Nos. 1 through 10 (including a serial number; hereinafter the same shall apply), the Defendant: (a) registered an automobile in the attached list owned by the Defendant (hereinafter referred to as “instant automobile”); and (b) entered into a contract with the Plaintiff under the name of the Plaintiff for the operation and management under the independent account of the Defendant; (c) the Defendant entered into the ownership transfer registration for the instant automobile under the name of the Plaintiff; (d) completed the registration of the Plaintiff’s transfer of ownership; (e) the Defendant agreed to pay management expenses, partnership expenses, insurance premiums, administrative fines, etc. on several occasions; and (e) provided a proof of the content that the Plaintiff would request the Defendant to pay the overdue management expenses, etc. on November 9, 2016; and (e) finally, without paying the delinquent amount by November 16, 2016, the Defendant’s consent to terminate the instant entrustment management contract; and (e) provided that the Defendant did not comply with the instant entrustment management procedure.

B. According to the above facts of recognition, the above entrusted management contract of this case was lawfully terminated.

(Article 544 of the Civil Act). However, the instant consignment management contract is a form of contract in which the elements of title trust and delegation are combined (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010). The Defendant is obligated to take over the procedure for ownership transfer registration of the instant automobile from the Plaintiff due to the reinstatement following the termination of the instant consignment management contract on January 13, 2017.

The Plaintiff, by smelling the content certification, was immediately issued on November 17, 2016.

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