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(영문) 서울중앙지방법원 2017.11.02 2017가단51618
자동차소유권이전등록청구
Text

1. The Defendant is based on the termination of title trust on September 30, 2017, on the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(4) Article 208(3)3 of the Civil Procedure Act provides that the term “the termination of an entrustment contract on the date of receipt of the complaint shall be changed to “the termination of the entrustment contract on the date of arrival of the complaint,” and Article 208(3)3 of the same Act provides that the term “the termination of the entrustment contract”

3. The Plaintiff asserts that some of the dismissal claims for future management expenses incurred, and that from June 10, 2017 to the date of registration of transfer of ownership, the Plaintiff has a duty to refund management expenses or unjust enrichment equivalent to KRW 165,000 per month for the instant vehicle.

Unless there exist special circumstances, if a local government-invested company continues to operate the trucking transport business by continuously operating the rolling stock using the registered name of the trucking transport business of the local government-invested company, the local government-invested company shall be deemed to have obtained profits equivalent to the management expenses stipulated in the local government-invested contract by running the trucking transport business without any legal cause, and such profits earned by the local government-invested company shall be returned to the local government-invested company as unjust gains (see Supreme Court Decision 2003Da37136, Nov. 28, 2003). The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant operated the trucking transport business by operating the trucking the trucking transport business using the Plaintiff’s registered name from Jun. 10, 2017 to the present date, and there is no other evidence to acknowledge otherwise, and thus, it is not acceptable to accept this part of the claim.

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