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(영문) 광주지방법원 2019.05.30 2018나59396
소유권이전등록절차이행
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 827,419 from the plaintiff at the same time.

Reasons

1. Basic facts

A. On March 2002, the Plaintiff entered into an entrustment management contract (hereinafter “previous contract”) with the non-party limited liability company C (hereinafter “non-party limited liability company”) on the following grounds: D, name: B, type of motor vehicle: B, type of motor vehicle: special substitute, type: 193, and chassis number: E (hereinafter “previous one motor vehicle”) under the name of the non-party company and operating the cargo transportation services upon being registered under the name of the non-party company and being entrusted with the operation of the cargo transportation services.

B. Accordingly, on March 12, 2002, the Plaintiff registered the previous one motor vehicle in the name of the non-party company.

C. Around February 14, 2006, the Defendant took over the business of the previous one motor vehicle from the non-party company. Accordingly, at that time, the ownership of the previous one motor vehicle was changed to the defendant in the non-party company (the number of the motor vehicle was changed to F), and entered into an entrustment management contract with the Plaintiff as to the previous one motor vehicle.

On February 15, 2006, the Plaintiff purchased a motor vehicle listed in annexed Form 1 (hereinafter referred to as “one motor vehicle”) and lent the previous one motor vehicle as one motor vehicle. E. On February 17, 2010, the Plaintiff purchased a motor vehicle listed in annexed Form 2 (it is prohibited from being operated alone because it has no power source; hereinafter referred to as “two motor vehicles”) and entered into an entrustment management contract with the Defendant for two motor vehicles.

(hereinafter referred to as “each of the instant contracts” in relation to one motor vehicle. Accordingly, the Defendant completed the new registration of the ownership of the motor vehicle on February 2, 2010.

F. Upon filing the instant lawsuit, the Plaintiff expressed his/her intent to terminate each of the instant contracts with the Defendant, and the instant complaint stating his/her intent to terminate the contract was served on December 26, 2017 on the Defendant.

[Grounds for Recognition] Unsured Facts, Gap 1, 2, and .

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