logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원장흥지원 2015.07.22 2015가단15
소유권이전등록
Text

1. The defendant shall receive KRW 4,496,986 from the plaintiff, and at the same time, shall enter the motor vehicle in the attached Table in the plaintiff.

Reasons

1. Basic facts

A. On August 1, 199, the Plaintiff was a local owner operating trucking transport business with the trade name called “B,” and entered into a consignment management contract with the Defendant that stipulates that the ownership of the automobile listed in the separate sheet (hereinafter “instant automobile”) shall vest in the Defendant, but the Defendant shall be entrusted with the operation and management right of the automobile and shall pay monthly management expenses, taxes, public charges, deduction charges, etc. (hereinafter “management expenses, etc.”) to the Defendant while operating the instant automobile, and completed the registration of ownership of the instant automobile in the name of the Defendant.

B. Meanwhile, on February 12, 2015, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant consignment management contract was served on the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 (including a tentative number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The defendant asserts that the lawsuit of this case by the plaintiff against this is dismissed as it is unlawful, since the registration number of the vehicle or its number plate is transferred to the plaintiff who is a land owner, due to the termination of the above entrustment management contract of this case, resulting in a decrease in the number of the vehicle permission which was actually permitted to the defendant, and the defendant's business right is infringed, and thus, the above entrustment management contract of this case "the number of the vehicle assigned to the motor vehicle of this case is an intangible asset of the defendant, and the plaintiff as an intangible asset of the defendant, which includes any requirement for the above vehicle number" (Article 4 of the above entrustment management contract of this case). However, the registration number of the vehicle of this case or its number plate is assigned to the Mayor/Do governor for automobile management in accordance with the Ordinance of the Ministry of Construction and Transportation, and it is attached and sealed to that vehicle.

arrow