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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 14, 2002, the Plaintiff reverted to the Plaintiff the ownership of CRano 5 tons of vehicles (hereinafter “former vehicle”) between B and the Defendant’s spouse. However, B entered into an automobile consignment management agreement with the terms that entrusted the operation and management right of the previous vehicle and paid a certain amount of management fee, insurance premium, etc. every month to the Plaintiff while operating the said vehicle, and B has operated the cargo transport business using the said vehicle thereafter.
B. B, in order to prevent the increase of insurance premium due to frequent traffic accidents in the course of trucking transport business, concluded with the Plaintiff to replace the previous vehicle with a new vehicle, and terminated the entrustment management contract on May 27, 2010. On May 27, 2010, when the Plaintiff and the Defendant transferred the ownership of the instant vehicle to the Plaintiff on May 27, 2010, while the Plaintiff entrusted the operation and management right of the instant vehicle, the above consignment management contract was prepared with the purport that the Defendant would pay a certain amount of management fee, insurance premium, etc. every month to the Plaintiff while operating the said vehicle upon entrustment of the operation and management right of the said vehicle (hereinafter “instant consignment management contract”). On the same day, the ownership transfer registration was completed in the Plaintiff’s name by designating the number of the said vehicle as C in accordance with the instant consignment management contract.
C. Meanwhile, on May 31, 2010, on the instant vehicle, the mortgage creation registration was completed with a mortgagee, a mortgagee, a plaintiff, a debtor, a debtor, and a bond value of KRW 40 million in order to secure the payment of the vehicle cost. B currently pays the installment cost of the said vehicle, and is running a cargo transport business using the said vehicle.
[Reasons for Recognition] Facts without dispute, Gap evidence 10, Eul evidence 3 and 4.