(영문) 의정부지방법원 2019.08.23 2019가단3660

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(영문) 의정부지방법원 2019.08.23 2019가단3660

자동차소유권이전등록

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1. The defendant shall receive KRW 1,469,550 from the plaintiff, and at the same time, shall enter the motor vehicle in the attached Table in the plaintiff.

Reasons

1. Facts of recognition;

A. On October 4, 2004, the Plaintiff, a local owner, entered into an entrustment management contract with the Defendant on the automobiles indicated in the separate sheet (hereinafter “instant automobiles”) as indicated in the separate sheet (hereinafter “instant contract”), and accordingly, registered the instant automobiles in the name of the Defendant.

B. The Plaintiff filed the instant lawsuit by disclosing to the Defendant the intent to terminate the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5-2, the purport of the whole pleadings

2. The judgment of the owner of a vehicle and the owner of a truck transport business externally vests the ownership and the right to manage the vehicle in trust between the owner of the vehicle and the owner of the truck transport business in the company to which the owner of the vehicle belongs by entrusting the name of the vehicle under his/her ownership and the right to manage the operation of the vehicle. In case of an entrustment contract for the vehicle with the purport that the owner of the vehicle shall pay a certain amount of management expenses to the company to which the owner of the vehicle belongs in its own account under his/her own account, it constitutes a mixture of elements of the title trust and the right to delegate. As such, the owner of the vehicle can recover the full external ownership of the land even at any time by cancelling the entry contract

According to the above facts of recognition, the contract of this case was lawfully terminated as the copy of the complaint of this case, stating the plaintiff's expression of intent to terminate on March 6, 2019, was delivered to the defendant.

Therefore, as the Plaintiff is, the Defendant is obligated to receive unpaid management expenses of KRW 1,469,550 from the Plaintiff until July 2019, which is the time of the closing of argument, as the Plaintiff is, and to implement the transfer registration procedure for the instant automobile on March 6, 2019 for the Plaintiff.

3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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