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(영문) 대전지방법원서산지원 2020.10.15 2020가합50388
소유권이전등록
Text

1. As to the motor vehicles listed in paragraph (1) of the attached Table to the plaintiff A, the defendant is listed in paragraph (2) of the attached Table to the plaintiff B.

Reasons

1. Facts of recognition;

A. On November 2019, the Plaintiffs purchased each of the instant vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”) at their own expense. On December 2019, the Plaintiffs entered into an entrustment management agreement with the purport that the Defendant, who is a trucking business operator, belongs to the Defendant, and the name of the ownership registration of each of the instant vehicles, and the Plaintiffs are entrusted with the operation and management right of the instant vehicle from the Defendant, but the Plaintiffs are entrusted with the operation right of the instant vehicle; and accordingly, the Defendant shall pay all of the expenses, such as monthly admission fees, liability insurance premiums, and comprehensive insurance premiums, to the Defendant (hereinafter “each of the instant

B. As to each of the instant consignment management contracts, the Plaintiffs prepared each of the instant consignment management contracts with the Defendant and trucking transport business contract form (No. 2016-871 of the Ministry of Land, Infrastructure and Transport) (hereinafter “instant consignment management contract”). Each of the instant consignment management contracts includes the following:

Article 3 (Period and Renewal of Contract) (1) The term of validity of this contract shall be three years from the date of conclusion, and the same content shall be deemed to have been automatically extended unless the truster or the trustee expresses his intention to terminate the contract at the expiration of the term.

Article 11 (Grounds for Termination of Contract) (1) A truster and a trustee may terminate this contract even during the term of contract, by mutual agreement.

(2) Where a "trustee" falls under any of the following cases, the truster shall notify the "trustee" in accordance with the procedures prescribed in paragraph (3) and may terminate the contract:

1. Where the motor vehicles invested in kind by the trustee are disposed of to reduce the number due to a traffic accident, etc.;

2. Where he/she has evaded regular inspection of automobiles under Article 7 (3) not less than twice;

3. Where he/she violates the code of practice of transport employees under Article 12 of the Trucking Transport Business Act;

4. Where the term "trustee" concludes an entrustment contract by fraud or other improper means.

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