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(영문) 의정부지방법원 2015.07.24 2014가단119447
자동차소유권이전등록절차이행
Text

1. The Defendant terminated the consignment management contract on December 15, 2014 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 2012, the Plaintiff and the Defendant entered into an entrustment management contract (hereinafter “instant contract”) with the purport that the name should be reverted to the Plaintiff externally, and the Defendant’s management and operation should be paid monthly management expenses to the Plaintiff, and the Defendant may terminate the contract in the event that the Defendant was in arrears for not less than three months, such as management expenses, etc. (hereinafter “instant contract”).

B. From February 2, 2014 to November 1, 2014, the sum of the management expenses, insurance premiums, etc. in arrears reaches KRW 2,024,120.

C. Accordingly, the Plaintiff filed the instant lawsuit claiming that the instant contract was terminated on the grounds of default for at least three months, including the Defendant’s management expenses, and the duplicate and amendment (i.e., November 21, 2014) of the instant complaint stating the said details were served on the Defendant on December 15, 2014.

The defendant has not paid management expenses, etc. in arrears until now.

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

2. The assertion and judgment

A. In full view of the purport of the entire argument in the above facts, it is reasonable to deem that the instant contract was terminated on December 15, 2014, on the grounds that the Defendant did not pay management expenses, etc. under the instant contract for more than three months, and that the copy and amendment ( November 21, 2014) of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant contract was delivered to the Defendant.

Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff on December 15, 2014 due to the cancellation of the entrusted management contract, and the Plaintiff is obligated to take over the transfer registration procedure for the instant motor vehicle from the Plaintiff on December 15, 2014. The Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from December 16, 2014, following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.

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