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(영문) 광주지방법원 순천지원 2018.09.27 2018가단4424
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract on May 30, 2018 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 29, 2013, the Plaintiff, a limited company that runs the trucking transport business, has reverted ownership to the Defendant with respect to the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”), and the Plaintiff entered into an entrustment management contract under which the said motor vehicles will be operated to the Defendant while paying the management expenses, etc. (hereinafter “instant consignment management contract”), and completed the ownership registration of the instant motor vehicles in the future.

B. On May 30, 2018, a copy of the instant complaint stating the Plaintiff’s intent to terminate the instant consignment management contract against the Defendant was served on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. The judgment on the consignment management contract of a motor vehicle is a contract in the form of a combination of the title trust and the delegation elements, in which the land owner registers the motor vehicle externally in the name of the land owner company and vests the land owner company the ownership and the management right of operation. In the inside of the country, the land owner company is entrusted with the independent management right of operation and management under its own independent account and the land owner company pays a certain amount of entrusted management expenses every month to the land owner company. As a matter of principle, the land owner company may terminate the above consignment management contract at any time and seek implementation of the ownership transfer registration procedure against the land owner company on the ground of its termination.

According to the above facts, the entrusted management contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case.

Therefore, barring any special circumstance, the Defendant is obligated to implement the procedure for ownership transfer registration on May 30, 2018 with respect to the instant motor vehicle to the Plaintiff on the ground of the termination of the entrusted management contract.

As to this, the Defendant registered the ownership transfer of the instant vehicle to the Plaintiff.

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