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1. The judgment of the court of first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim that was changed in this court, is as follows.
Reasons
1. As to this part of the basic facts, this court's reasoning is the same as that of the judgment of the court of first instance, "1. Recognizing facts" in the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. 1) The cause of the claim is 1) The owner of a vehicle and the owner of a vehicle externally between the owner of the vehicle and the owner of the vehicle.
(i)the name of the motor vehicle owner (hereinafter referred to as the “owned company”) is the name of the motor vehicle owner;
(2) In a case where the Plaintiff entered into a contract on the consignment of a vehicle with the intention to pay a certain amount of management expenses to the company to which the Plaintiff entered the company upon entrustment of the right to manage the said vehicle in its own account, and in a case where the said contract is concluded on the consignment of a vehicle with the intention to pay a certain amount of management expenses to the company to which the Plaintiff entered the company upon entrustment of the right to manage the vehicle, this is a type of contract in which the title trust and the delegation are combined. Therefore, upon the termination of the above contract, the Plaintiff may claim the return of the trust property against the company. As such, the Plaintiff may seek implementation of the procedure on the transfer of ownership on the ground of the termination of the above consignment management contract. In such a case, when the Plaintiff entered the procedure on the transfer of ownership, the Plaintiff shall deliver the Plaintiff’s personal seal impression and the registration certificate, and the documents pertaining to the termination of the above consignment management contract with the Plaintiff (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010).
The ownership is attributed to the trust, but the plaintiff has the right to operate and manage the truck.