1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On May 1, 2003, the Plaintiff entered into an entrustment management agreement with the Defendant, who is a trucking business operator, to transfer ownership to the Defendant with respect to a motor vehicle owned by the Plaintiff (motor vehicle; hereinafter “former motor vehicle”), and to pay monthly management expenses to the Defendant when the Plaintiff operated the motor vehicle under its own own account upon entrustment.

On May 1, 2003, the Plaintiff registered a business with B’s trade name, representative’s “Plaintiff,” type of business,” and “motor vehicle”, and operated the former motor vehicle.

Since then, the plaintiff scrapped the old automobile due to a traffic accident that occurred on April 26, 2008, and made a report on the closure of the business on June 2, 2008.

B. On June 9, 2008, the Plaintiff and the Defendant indicated in the separate sheet (hereinafter “instant automobiles”) as to the automobiles owned by the Plaintiff (hereinafter “instant automobiles”).

The monthly management expenses (i.e., KRW 148,800) were determined as vehicle management expenses (i.e., KRW 143,000 and KRW 5,800) and entered into an entrustment management contract (hereinafter “instant contract”).

C. On June 9, 2008, the Plaintiff registered the ownership transfer of the instant motor vehicle in the Defendant’s future according to the instant contract. Around June 9, 2008, the Plaintiff newly operated the instant motor vehicle with its business registration consisting of its trade name “B,” its representative “Plaintiff,” its place of business, and its category “motor vehicle.”

The instant complaint stating the Plaintiff’s intent to terminate the instant contract was served on December 26, 2014 on the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 4 and 5 evidence, the purport of the whole pleadings

2. Determination

A. The instant contract is in the form of a combination of title trust and delegation elements. Thus, the Plaintiff is a land owner of a motor vehicle as indicated in the separate sheet, and the Defendant, as an unilaterally incorporated company, at any time without any special grounds for termination.