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(영문) 서울남부지방법원 2015.07.17 2015가단212743
소유권이전등록
Text

1. The Defendant terminated the consignment management contract as of April 27, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2013, the Plaintiff purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and entered into an entrustment management contract with the Defendant, a trucking business operator, to transfer the ownership registration title to the Defendant, and to operate the instant automobile upon entrustment from the Defendant. However, the Plaintiff entered into the entrustment management contract with the Defendant to pay all kinds of expenses, such as land admission fees and insurance premiums (hereinafter “instant contract”).

B. On August 7, 2013, according to the instant contract, the Plaintiff completed the registration of ownership in the name of the Defendant with respect to the instant motor vehicle, and has been managing the instant motor vehicle while operating it.

C. The Plaintiff expressed to the Defendant the intent to terminate the instant contract by serving the duplicate of the instant complaint, and the duplicate of the instant complaint reaches the Defendant on April 27, 2015.

On June 26, 2015, which was the date of the closing of argument in the instant case, the Plaintiff did not fail to pay among the automobile management fees of this case, which the Plaintiff is liable to pay to the Defendant.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination:

A. In a case where an owner of a vehicle and an automobile transport business operator externally trust the name of his/her vehicle to a vehicle transport business operator (hereinafter “branch owner”) and the ownership and operation management right are vested in the company where the ownership and operation management right of the vehicle are vested in the company where the owner of the vehicle and the vehicle transport business operator are located. However, in a case where an entrustment management contract is entered into between the owner of the vehicle and the automobile transport business operator with the intent to pay a certain amount of management expenses to the company where the vehicle is operated under his/her own account upon entrustment of the operation management right of the said branch (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010), each party in the delegation contract may terminate the contract at any time.

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