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(영문) 수원지방법원안양지원 2014.12.17 2014가단14809
자동차소유권이전등록절차이행
Text

1. The Defendant’s ground for termination of title trust on July 29, 2014 for the Plaintiff’s motor vehicle indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On November 1, 2004, the Plaintiff entered into an entrustment management agreement with the purport that the ownership of an automobile listed in the separate sheet (hereinafter “instant automobile”) reverts to the Hyundai Korea Transportation Co., Ltd., a trucking transport business entity (hereinafter “Modow”), and that, while operating the said automobile upon entrustment of the operation and management right from the Hyundai Korea Transportation, the Plaintiff would pay a certain amount of management fee to the Hyundai Korea Transportation, and would bear the obligation to pay taxes, public dues, insurance premiums, penalties, and interest on delay.

B. The Defendant acquired all freight trucking services from Hyundai Commercial Complex, and the Plaintiff and the Plaintiff from July 1, 2009.

The same terms of the entrustment management contract (hereinafter referred to as the “instant entrustment management contract”) was concluded.

(However, after the conclusion of the entrusted management contract of this case, the automobile registration number of this case was changed from B to C).

On July 29, 2014, a duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the entrusted management contract of this case reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul 2, 3 and 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the above consignment management contract of this case is in the form of a combination of the title trust and the elements of delegation, which the Plaintiff registers the instant motor vehicle in the name of the Defendant and vests in the Defendant’s ownership and operation management rights. In the inside, the above consignment management contract of this case is in the form of a combination of the title trust and the elements of delegation, which provide for the payment of monthly amount of entrusted management expenses, under the name of the Defendant’s freight trucking services, such as the fees for using the Defendant’s registration name and the Defendant’s payment of taxes, public charges, etc., when operating

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