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(영문) 수원지방법원성남지원 2015.09.16 2015가단10775
자동차소유권이전등록절차이행
Text

1. The defendant shall receive KRW 308,000 from the plaintiff, and at the same time, the defendant shall enter the motor vehicle in the attached list in the plaintiff.

Reasons

1. Determination as to the cause of claim

A. On January 31, 2002, the Plaintiff entered into an entrustment management contract under which the Plaintiff is running trucking transport business with the trade name, and the Plaintiff and the Defendant (hereinafter “instant automobile”) entered into an entrustment management contract with the purport that the ownership transfer registration shall be made in the name of the Defendant on the automobiles listed in the separate sheet (hereinafter “instant automobile”) and the Defendant shall pay monthly management expenses, taxes, and public charges, etc. to the Defendant while operating the instant automobile upon being entrusted with an operation and management right by the Defendant (hereinafter “instant entrustment management contract”). The Plaintiff completed the ownership transfer registration in the name of

The Plaintiff, by serving a duplicate of the instant complaint, declared the Defendant to the effect that the instant consignment management contract is terminated, and the duplicate of the instant complaint was served on June 2, 2015 to the Defendant.

(No dispute, No. 1, 2, 1)

B. Since the instant consignment management contract is in the form of mixing the title trust and the delegation, the title truster and the Plaintiff, at any time, who is in the position of the truster and the delegating, may terminate the instant consignment management contract and recover full ownership inside and outside the country with respect to the instant automobile.

(See Supreme Court Decision 97Da29479 Decided November 11, 1997, and Supreme Court Decision 2009Da71534, 71541 Decided February 11, 2010, etc.). Since the instant consignment management contract was lawfully terminated on June 2, 2015 according to the Plaintiff’s notice of termination, the Defendant is obligated to implement the procedure for the registration of transfer of ownership on the instant automobile to the Plaintiff on June 2, 2015, barring special circumstances.

2. Judgment on the defendant's assertion

A. The defendant prepared a letter to the effect that "if the above entrustment management contract of this case is terminated, the registration number of the motor vehicle of this case, which is the defendant's business license letter, will be returned to the defendant," and the plaintiff cannot respond to the plaintiff's request.

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