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(영문) 대구지방법원김천지원 2015.05.27 2014가단12733
소유권이전등록
Text

1. The defendant shall receive KRW 462,00 from the plaintiff, and at the same time the defendant shall make the automatic vehicles stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On July 1, 2011, the Plaintiff purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) at its own expense. On the same day, the Plaintiff entered into an entrustment management agreement with the Defendant, who is a trucking business operator, on the same day, to vest in the name of the instant automobile ownership registration, to operate the instant automobile upon entrustment from the Defendant, and to pay the Defendant various expenses, such as car fees and insurance premiums (hereinafter “instant contract”).

B. On July 31, 201, pursuant to the instant contract, the Plaintiff completed the registration of transfer of ownership in the name of the Defendant with respect to the instant motor vehicle, and operated and managed the said motor vehicle.

C. The Plaintiff expressed his/her intent to terminate the instant contract by serving a duplicate of the instant complaint on the Defendant, and the duplicate of the instant complaint reached the Defendant on November 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 6, the purport of the whole pleadings

2. On July 31, 201, the Plaintiff primarily sought procedures for the registration of ownership transfer to the Defendant on the ground that the Plaintiff entered into a sales contract with the Defendant for the instant automobile on July 31, 2011.

In light of the foregoing, a vehicle owner and a vehicle transport business entity externally entrusted the name of the vehicle in his/her possession to a vehicle transport business entity (hereinafter “branch owner”), and the ownership and the right to manage the vehicle in his/her possession belongs to the company where the ownership and the right to manage the vehicle in his/her possession are vested. However, in cases where a vehicle owner and a vehicle transport business entity enter into an entrustment management contract with the intent to pay a certain amount of management expenses to the branch owner while operating the vehicle in his/her own account under the entrustment of the right to manage the vehicle in his/her own account, this is a contract in which the title trust and the delegation are combined (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010), and the delegation contract.

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