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(영문) 대전지방법원 2014.05.01 2013가단44581
소유권이전등록
Text

1. The defendant is paid KRW 5,441,100 from the plaintiff, and at the same time, the motor vehicle indicated in the attached Table to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. On October 196, the Plaintiff entered into an entrustment management agreement with the Defendant on the following matters: (a) the ownership of the instant motor vehicle shall be reverted to the Defendant; (b) the Plaintiff shall actually operate the instant motor vehicle upon entrustment of the right to operate and manage the motor vehicle; and (c) shall pay monthly management expenses, partnership expenses, taxes and public charges, etc. to the Defendant in return for the entrustment of the right to operate and manage the instant motor vehicle (hereinafter “instant entrustment management agreement”); and (d) the Plaintiff maintained the contractual relationship as above; (c) upon filing the instant lawsuit against the Defendant on October 25, 2013, submitted the instant complaint containing the Plaintiff’s expression of intent to terminate the instant entrustment management agreement; and (d) a duplicate of the complaint was served on the Defendant on November 1, 2013.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings

B. According to the above facts, the above entrustment management contract of this case means that the plaintiff registers the motor vehicle of this case in the name of the defendant in the name of the defendant and vests the ownership, operation, and management rights of the defendant. In the inside of time, the contract of this case includes that the defendant operates and manages the motor vehicle of this case under his own independent calculation under the defendant's independent management rights, and that the defendant pays monthly management expenses for the use of the defendant's registration name of freight trucking business, and that the defendant pays taxes and public charges on the motor vehicle of this case as remuneration for the management of external management affairs such as paying taxes and public charges on the motor vehicle of this case. Thus, the plaintiff in the position of the truster and the truster can terminate the above entrustment management contract of this case at any time

Therefore, this case.

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