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(영문) 수원지방법원여주지원 2017.05.25 2016가단10669
소유권이전등록
Text

1. The Defendant terminated the consignment management contract on January 3, 2017 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 2003, the Plaintiff entered into a title trust and an entrustment management contract with the Sung Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the automobiles listed in the separate sheet (hereinafter “instant automobiles”) in the name of the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to manage the said automobiles under the name of the Nonparty Co., Ltd.

B. On January 20, 2012, Nonparty Company completed the procedure for the registration of ownership transfer on the instant motor vehicle to the Defendant.

C. On January 1, 2012, the Plaintiff concluded a consignment management contract with the Defendant that the said motor vehicle is the Defendant’s name and the Plaintiff pays the fare.

The Plaintiff declared to the Defendant that the consignment management contract for the instant automobile is terminated by the delivery of a duplicate of the complaint of this case.

[Reasons for Recognition: Each entry and whole purport of oral argument in Gap evidence 1 through 6 (including paper numbers)]

2. Judgment on the parties' arguments

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to implement the procedure for ownership transfer registration on January 3, 2017, which was the date of delivery of a copy of the complaint of this case as to the motor vehicle of this case, on January 3, 2017.

B. The defendant's assertion 1) The defendant asserts that since the non-party company's 24 units of business including the motor vehicle of this case takes over 252 million won (per 10.5 million won) from the non-party company, and entered into a branch entry management contract with the plaintiff, the transfer of the plaintiff's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '

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