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(영문) 부산지방법원 2014.07.17 2014가단10379
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract on February 21, 2014 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 31, 2007, the Plaintiff entered into an entrustment management agreement with the Defendant on the condition that the ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) vests in the Defendant, and that the ownership should be attributed to the Defendant, while operating the motor vehicle upon entrustment of the management right of the motor vehicle by the Defendant, and pay the management expenses every month to the Defendant (hereinafter “instant consignment management agreement”). On October 31, 2007, the Plaintiff registered the ownership transfer on the instant motor vehicle in the name of the Defendant.

B. The Plaintiff expressed his intent to terminate the instant consignment management contract with the delivery of the instant complaint.

[Ground for Recognition: Facts without dispute, entry of evidence A2, purport of whole pleadings]

2. Determination

A. According to the above facts, the above entrustment management contract of this case is in the form of a mixed contract where the elements of the title trust and the delegation are to be paid monthly management fees for the actual borrower of the above automobile to operate and manage the above automobile under his own independent account and the defendant to perform the external management affairs such as paying taxes and public charges on the above automobile. Thus, since the above entrustment management contract of this case is in the form of a mixed contract where the truster and the truster are in the position of the truster can terminate the contract at any time regardless of the contract term agreed by one of the parties.

Therefore, the above entrustment management contract of this case was lawfully terminated on February 21, 2014, which is the date of delivery of a copy of the complaint of this case. Thus, the defendant on February 2014 concerning the motor vehicle of this case to the plaintiff.

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