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(영문) 인천지방법원 2016.11.17 2016나8626
화물자동차소유권이전등록절차이행
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. On September 2, 2015, the Plaintiff, as the cause of the claim, terminated the consignment management contract of the motor vehicle indicated in the separate sheet according to the “Guidelines for Handling Permission for Transportation Business of Entrusted Trucks”, and thus, the Defendant is obligated to implement the procedures for registering the ownership transfer of the said motor vehicle

2. Facts of recognition;

A. On June 14, 2007, the Plaintiff entrusted the Defendant with the management of the motor vehicle indicated in the attached list with the following contents:

(hereinafter “instant contract”). Article 3 (Period of Entry into the instant contract) The period of entry into the instant contract shall be two years, but it shall be deemed to have been automatically extended in the absence of any objection among both parties.

Article 10 (Cancellation of Contract) The contract period of this case may be terminated upon mutual agreement even during the contract period.

However, in any of the following cases, the plaintiff and the defendant may unilaterally cancel, and settle the matters specified in the contract of this case:

1. Unilateral cancellation of a contract by the defendant - When the continued inspection of a motor vehicle is avoided - when the entry fee referred to in Article 4 is delinquent for at least five months - the matter of unilateral cancellation of the contract - the time when the damage to the plaintiff's project is likely to be caused due to the defendant's poor management

B. The purpose of “Guidelines for Permission for Transportation Business to Franchising Trucks” (Enforcement from December 31, 2004, the Ministry of Land, Infrastructure and Transport’s guidelines) is to terminate the title trust and entrustment contract of truck among the entrusted owners and to facilitate the handling of permission work for those who intend to operate the transportation business.

C. On September 2, 2015, the Plaintiff notified the Defendant of the termination of the instant contract.

[Reasons for Recognition] Evidence No. 6, Evidence No. 2, Evidence No. 2, the purport of the whole pleadings

3. Determination

A. Since the legal relationship between a local owner and a local owner company is determined by the terms and conditions of an entrustment agreement concluded between the parties, “the guidelines for permission for trucking transport business” is deemed the source of termination of the agreement.

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