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(영문) 창원지방법원밀양지원 2016.10.12 2016가단10102
소유권이전등록
Text

1. The defendant will implement the procedure for registration of transfer of ownership with respect to each vehicle listed in the separate sheet No. 2 to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 25, 2006, B, the owner of each vehicle listed in the separate sheet No. 2 (hereinafter referred to as “Plaintiff”) entered into an entrustment contract for transportation business (hereinafter referred to as “the instant entrustment contract”) with the Defendant holding the right to permit the transportation business in the name of the Defendant, which is externally registered in the register of automobile under the name of the Defendant, to vest in the ownership of the Plaintiff’s vehicle. In the internal context, the Plaintiff is entrusted with the right to manage the vehicle from the Defendant and operates it under his own account, and the Defendant is obliged to pay a certain amount of management fee every month in return for the handling of external management affairs. The main contents are as follows.

Article 4 (Independence of Management Right) B (hereinafter referred to as the "Plaintiff") of the Entrustment Contract for Transport Business is entrusted by A (hereinafter referred to as the "Defendant") with the management right entrusted by A (hereinafter referred to as the "Defendant") during the term of the contract, and is engaged in transport business and has the transport income in full.

Article 5 (Management Entrustment Fee) B shall be paid monthly entrustment fee of KRW 100,000 to A in return for the entrustment of management rights.

Provided, That if necessary, the entrustment fee may be adjusted according to mutual agreement, such as price increase, if necessary.

Article 6 (Management Responsibility) (1) B shall bear his/her responsibility for repair of breakdowns, oil, taxes and public charges, etc. arising from the operation and management of vehicles, and shall subscribe to the comprehensive motor vehicle insurance (integrated deduction) in preparation for any accident.

Article 13 (Transfer of Management Right) (1) B shall not transfer the right of entrustment to a third party without the consent of A, and if it is impossible to carry out a transportation business, the right of management shall be returned to A without fail.

Article 19 (Cancellation of Contract) (2) In any of the following cases, A may unilaterally cancel the contract without a peremptory notice of performance:

1. When he/she fails to pay the burden under Article 5 for at least three months;

2. On purpose the continuous inspection, checkup, etc. of vehicles.

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