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(영문) 수원지방법원여주지원 2017.08.10 2017가단2238
화물자동차소유권이전등록
Text

1. The Defendant’s entrustment management contract on April 19, 2017 with respect to each of the motor vehicles listed in the separate sheet (1) and (2) to the Plaintiff.

Reasons

1. Judgment on the parties' arguments

A. Determination as to the cause of the claim 1) 1 to 14, as well as the overall purport of the arguments and arguments, the plaintiff and the defendant are listed in the separate sheet (1) and (2) (hereinafter “each of the instant vehicles”).

(2) On April 19, 2017, the Plaintiff concluded an entrustment management contract with the purport that “the Plaintiff shall externally vest in the ownership and the right to manage the instant automobile, but, in its inside, the Plaintiff has been entrusted with its own right to manage the instant automobile and operated the transportation business under its own independent account.” On April 3, 2017, the Defendant sent to the Plaintiff a certificate that the said entrustment management contract will be terminated, and the Plaintiff also declared that the contract would be terminated on April 19, 2017. However, according to the above fact of recognition, the Defendant may each recognize the fact that the Plaintiff did not provide the documents necessary for transferring the ownership of each of the instant automobiles to the Plaintiff’s name until now, and there is no counter-proof. 2) According to the above fact of recognition, the Defendant is liable to implement the transfer registration procedure for each of the instant automobiles to the Plaintiff on April 19, 2017.

B. The defendant's assertion 1) According to Article 3 of the Guidelines for Permission for Transportation Business for the above entrusted trucks, the defendant asserts that "the above entrusted borrower shall apply for permission for transportation business within three months from the date on which the contract is terminated with the transportation business operator." Thus, in accordance with the registration procedure for the transfer of the ownership of a truck, the plaintiff is required to apply for permission for transportation business of this case to the competent authority of the place of registration and not to file a claim against the defendant, not the permission-granting authority. However, the defendant's transfer of ownership against the plaintiff on the ground of the termination

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