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(영문) 제주지방법원 2015.10.20 2015가단6578
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract on May 20, 2015 with respect to each motor vehicle listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On October 13, 2003, the Plaintiff, as to each of the instant vehicles listed in the separate sheet (hereinafter “each of the instant vehicles”) between the Defendant and the Defendant, belongs to the Defendant. However, the Plaintiff, upon being entrusted with the operation and management right of each of the instant vehicles by the Defendant, paid a certain amount of management expenses each month in return for the entrustment of the said operation and management right, and entered into the entrustment management contract with the Defendant to pay taxes, public dues, insurance premiums, penalties, etc. (hereinafter “instant contract”). The Defendant completed the registration of ownership in its name as to each of the instant vehicles.

B. The Plaintiff expressed his/her intent to terminate the instant contract by serving a duplicate of the instant complaint, and the Defendant received the duplicate of the instant complaint on May 20, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the instant contract on each of the instant automobiles is a so-called “title trust” mixed with the elements of delegation, and as such, the instant contract on May 20, 2015, which is concluded by the said mandatary and the Plaintiff, who is in the position of the title truster, may terminate the instant contract at any time. Thus, the instant contract on each of the instant automobiles was terminated on May 20, 2015, when the duplicate

Therefore, barring special circumstances, the Defendant is obligated to implement the transfer registration procedure on May 20, 2015 with respect to each of the instant vehicles to the Plaintiff on the ground of the termination of the entrusted management contract.

Although the defendant asserts that even if the contract of this case is terminated, the vehicle number of the defendant's assets should be returned to the defendant, the registration number of the vehicle or its number plate shall be given by the Mayor/Do governor for the management of the vehicle, and it is merely attached to the sign affixed and sealed on the vehicle.

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