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(영문) 대구지방법원 2019.03.28 2018가단131022
소유권이전등록
Text

1. The Defendant terminates an entrustment contract with the Plaintiff on December 14, 2018 on the motor vehicles indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 1, 2013, the Plaintiff signed an entrustment contract with the Defendant on the part of the Defendant’s joint and several sureties (hereinafter “the deceased”) and the vehicle indicated in the attached list owned by the deceased (hereinafter “the instant vehicle”). The Plaintiff entrusted the Defendant with the operation and management right of the instant vehicle, and the Defendant concluded an entrustment contract with the Defendant to bear all the expenses, such as the management fees for the instant vehicle (198,00 won per month) and the public charges, insurance premiums, installments, administrative fines, etc. necessary for the management and operation of the instant vehicle (hereinafter “the instant land entry contract”). If the Defendant delays all the expenses, such as the said land entry management fees, for more than three months, the Plaintiff may cancel the instant land entry contract.

B. As of May 8, 2018, the deceased’s obligation owed to the Plaintiff based on the instant land entry contract is KRW 24,414,490 in total, including overdue land entry management fees (including only up to June 30, 2016), environmental improvement contributions, automobile tax, etc.

C. On May 13, 2016, the Deceased died, and his inheritor is the Defendant, who is his spouse (other statutory inheritors renounced inheritance), and the Defendant was tried by the Seoul Family Court to accept a report of qualified acceptance on the inheritance of the deceased’s property.

On December 14, 2018, a document, such as a duplicate of the complaint of this case, stating the Plaintiff’s expression of intent to terminate the entry contract of this case on the ground of the deceased’s nonperformance of duty, was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the part 1 of the claim for the acquisition of the transfer of ownership registration procedure, the part 1 of the claim for the transfer of ownership contains the Plaintiff’s expression of intent to terminate the contract on the ground of the deceased’s nonperformance of duty, and the instant land entry contract was lawfully terminated on December 14, 2018 by serving the Defendant with a duplicate, etc. of the complaint of this case, and the Defendant as the inheritor of the deceased.

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