logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.01.31 2018가단4132
자동차소유권이전등록등
Text

1. The Defendant caused the termination of the title trust on April 30, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 1, 2014, the Plaintiff concluded an entrustment contract for transportation business (hereinafter “instant entrustment contract”) with the Defendant on the following occasions: (a) monthly management consignment fee of KRW 242,00; and (b) insurance premium, automobile tax, various taxes, penalty, etc. to be borne by the Plaintiff in the name of the Plaintiff upon title trust; and (c) concluded an entrustment contract for transportation business (hereinafter “instant entrustment contract”).

B. Article 19(2)1 of the entrustment contract of this case provides that the case where the defendant is delinquent in paying the management entrustment fee for at least three months, and the defendant promised to pay the plaintiff 400,000 won by aggregating the management fee and the carry-over amount every month.

C. The former owner of the instant vehicle is Nonparty B, and the Defendant, before entering into the instant consignment contract with the Plaintiff, entrusted the management of the F motor vehicle in the name of Nonparty G in the E-the-counter transaction agreement operated by Nonparty B.

The unpaid management entrustment fee for the instant vehicle by March 2018 is KRW 2,90,000,000 in total, and KRW 18,456,00 in total, and the unpaid insurance money is KRW 2,903,960 in total, from September 2012 to March 2018.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 7 evidence, Eul 1, 2, 5 and 6 evidence, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the Plaintiff’s cause of claim, the instant entrustment contract between the Plaintiff and the Defendant is deemed terminated on April 30, 2018, on which the copy of the instant complaint indicating the Plaintiff’s intention of termination on the grounds of delay in management entrustment fees for not less than three months, was served on the Defendant. Thus, the Defendant is obligated to take over from the Plaintiff the transfer of ownership registration procedure based on the termination of the instant entrustment contract on April 30, 2018, and the management entrustment fees, etc. delayed to the Plaintiff.

arrow