logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.12.11 2014가단14962
화물자동차등록 명의이전
Text

1. The Defendant terminated the entrustment management contract on August 4, 2014 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2011, the Plaintiff purchased the instant vehicle as indicated in the separate sheet (hereinafter “instant vehicle”) at its own expense. On the same day, the Plaintiff entered into an entrustment management agreement with the Defendant Company, which is a trucking business operator, with the purport that the title of the instant vehicle’s ownership registration belongs to the Defendant Company, and the Plaintiff would be entrusted with the operation and management right of the instant vehicle, but the Plaintiff would operate the instant vehicle, but the Plaintiff would pay the Defendant Company various expenses, such as land admission fees and insurance premiums (hereinafter “instant consignment management agreement”).

B. On April 26, 201, pursuant to the instant consignment management agreement, the Plaintiff completed the registration of transfer of ownership in the name of the Defendant Company with respect to the instant vehicle, and operated and managed the said vehicle.

C. The Plaintiff expressed to the Defendant Company the intent to terminate the instant consignment management contract by serving a duplicate of the instant complaint, and on August 4, 2014, the duplicate of the instant complaint was served on the Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant Company is obligated to implement the procedures for the registration of transfer of ownership on August 4, 2014 with respect to the instant vehicle on the ground of the termination of the instant entrusted management contract, barring any other special circumstances.

3. Judgment on the defendant's assertion

A. (1) The assertion that it is unreasonable to claim a transfer of the name of the vehicle for business purpose is unfair. At the time of entering into the instant consignment management contract, the instant vehicle was a private vehicle that is unable to carry out the cargo transportation services, and was converted into the use for business purpose only when it was registered with the Defendant company. In the event the Defendant company currently transfers the registration of the ownership of the instant vehicle to the Plaintiff, the Defendant company will incur damage due to the decrease in the number of vehicles for business

arrow