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(영문) 서울북부지방법원 2015.09.18 2015가단2383
자동차소유권이전등록절차이행
Text

1. The defendant is paid KRW 1,968,335 from the plaintiff, and at the same time, he is stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On March 13, 2002, the Plaintiff acquired a motor vehicle registered in title by B to the Defendant (hereinafter “the instant motor vehicle”), completed business registration under its name on May 13, 2002, and entered into an entrustment management contract (hereinafter “the instant contract”) under which the Plaintiff, the borrower, entrusted his own right to manage the instant motor vehicle with the Defendant to manage its own account and pay management expenses, taxes, public charges, and insurance charges, etc. to the Defendant while operating and managing the instant motor vehicle on his own account, and then renewed the instant contract.

B. On February 9, 2015, a copy of the instant complaint containing the purport that the Plaintiff would terminate the instant contract was served on the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3

2. Determination as to the cause of claim

A. The plaintiff asserts that the plaintiff of the parties concerned sought the implementation of the transfer registration procedure based on the termination of the contract of this case as to the motor vehicle of this case, the defendant asserts as follows.

Before entering into the instant contract, the instant car registration number permitted by the Defendant was assigned to the Defendant, who is the trucking freight trucking service, and thus the Plaintiff, who is only the branch owner, cannot assert the right to the vehicle registration number.

In addition, Article 3 (2) of the Addenda to the Trucking Transport Business Act amended on January 20, 2004, as amended, is a person who intends to operate a trucking transport business from December 31, 2004 to December 31, 2004 from among the persons entrusted with the trucking transport business under title trust with a person operating a trucking transport business at the time of its promulgation of the Act, who intends to operate the trucking transport business with the relevant vehicle after cancelling the title trust and entrustment contract, notwithstanding the provisions of Article 3 (5) 1.

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