[1] The claimant for damages arising from the infringement of the ownership of the land-owned vehicle (=the land-owned company)

[2] The case holding that where a rolling stock suffered damage, such as automobile repair costs, etc. due to an accident, an incorporated company registered as an owner in the motor vehicle register under the ground entry contract has the right to claim damages

[1] Article 103 of the Civil Act / [title trust] / [2] Article 103 of the Civil Act / [title trust]

[1] Supreme Court Decision 88Meu18641 delivered on September 12, 1989 (Gong1989, 1461)

Plaintiff, Ltd.

Heung National Fire Insurance Co., Ltd. (Attorney So Young-young, Counsel for the plaintiff-appellant)

Ulsan District Court Decision 2006Na29 decided August 10, 2006

The judgment below is reversed, and the case is remanded to the Ulsan District Court.

We examine the grounds of appeal.

According to a contract between a trucking business operator holding a trucking transport business license and a trucking business operator who actually owns a motor vehicle, the motor vehicle shall be registered in the name of the trucking business operator and reverted to the trucking business operator, and in the form of transport business in which each borrower pays the rent to the trucking business operator while conducting a business on his/her own management and account, it is an external owner of the trucking transport business, and thus seeking compensation for damages arising from the infringement of ownership belongs to the authority of the landing company, which is the owner (see Supreme Court Decision 88Meu18641, Sept. 12, 198).

According to the facts established by the court below, on October 27, 2004, the plaintiff entered into an entry contract with the non-party on the part of the plaintiff as to the damaged vehicle of this case, and the non-party agreed to have a real ownership. Thus, if the plaintiff was registered as the owner in the register of automobile pursuant to the above entry contract, the external owner of the damaged vehicle of this case is the plaintiff who is the company for entry. Therefore, if the damaged vehicle of this case suffered damage, such as automobile repair expenses, etc. due to an accident, the plaintiff was infringed on the ownership, and the plaintiff is entitled to claim damages against the defendant who is the insurer of the damaged vehicle of this case.

Nevertheless, the court below rejected the plaintiff's claim for damages on the ground that the non-party, who is the non-party, bears the automobile repair cost, etc. under the internal branch agreement between the plaintiff and the non-party. In this case, the court below erred by misapprehending the legal principles on external legal relations under the branch agreement, which affected the conclusion of the judgment. The ground of appeal assigning this error has merit.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Hong-hoon (Presiding Justice)