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(영문) 인천지방법원 2016.09.02 2015가단32478
화물자동차등록명의이전
Text

1. The defendant is paid KRW 11,895,270 from the plaintiff and at the same time he is stated in the attached list to the plaintiff.

Reasons

The judgment on the cause of the claim: ① the Plaintiff entered into an entrustment contract on April 2001 under the terms of entrusting the operation and management right of the instant automobile and registered in the name of the Large Distribution Complex; thereafter, the status of the trustee under the said contract (hereinafter “instant contract”) was transferred to the Defendant and reached the present time; ② The fact that the duplicate of the complaint containing the Plaintiff’s intent to terminate the instant contract was delivered on June 22, 201 to the Defendant is without any dispute between the parties, or that the copy of the complaint was delivered on June 22, 2015 can be recognized by stating the entire purport of the pleadings in the evidence No. 1.

The instant contract is a form of contract in which the elements of title trust and delegation are combined to the effect that the Plaintiff externally entrusts the name of the motor vehicle to the Defendant and vests in the ownership and the right to manage the motor vehicle, and that the payment of management expenses, etc. incurred in the internal use of the Defendant’s

Therefore, barring any special circumstance, the Plaintiff may terminate the instant contract at any time, and the instant contract was lawfully terminated on June 22, 2015, at which the Plaintiff’s notice of termination was delivered to the Defendant, and barring any special circumstance, the Defendant is obligated to implement the procedure for ownership transfer registration for the instant automobile on June 22, 2015, barring any special circumstance.

As to the defendant's defense, the defendant asserted that the defendant cannot respond to the plaintiff's claim until it receives KRW 18,249,370 as the aggregate amount of 17,535,270 won (7,275,270 won which was not paid to the large distribution agency and 1,0260 won after the contract status has been transferred to the defendant) and 714,100 won of various taxes and charges (i.e., environmental charges of KRW 273,790, the association expenses of KRW 135,000, KRW 305,310). Thus, the defendant's examination by item is conducted only by the plaintiff's withdrawal of all other claims except the simultaneous performance claims.

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