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(영문) 서울중앙지방법원 2016.08.10 2015가단163661
자동차소유권이전등록 등
Text

1. As to the motor vehicles listed in Appendix 1., Defendant B shall receive the registration of creation of the right to collateral security which the Plaintiff completed on September 10, 2010.

Reasons

1. Facts of recognition;

A. The Plaintiff is a trucking transport business entity.

B. In relation to the Plaintiff, ① Defendant B entered into an entrustment management agreement with the Plaintiff on May 19, 2012, and ② Defendant C entered into an entrustment management agreement with respect to the motor vehicles listed in the separate sheet No. 2, May 19, 2012.

The management period under the contract shall be one year, and the plaintiff and the defendants agreed that the management period of the entrustment may be extended and renewed after the expiration of the period, and the defendants agreed that the management expenses for each month shall be paid to the plaintiff in return for the management of the trust.

C. The plaintiff is attached to attached Form.

With respect to each of the mentioned automobiles, the establishment registration of the neighboring automobiles has been completed as follows without the consent of the defendants.

On September 10, 2010, the bond value of the mortgagee's credit (won) as of the date of establishment of the object, the automobile stated in Attached Form 1.1, 2010, 17,000, 17,000, 17,000, 2, 200, 16,000, 16,000

D. The Defendants did not pay management expenses, etc. to the Plaintiff after being aware of the registration of the establishment of the foregoing neighboring mortgage, and did not delay the funds stated in the claims at the time of filing the lawsuit on September 24, 2015.

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

2. The parties' assertion

A. The Plaintiff Defendants did not pay management expenses for more than three months.

The service of a copy of the complaint of this case on the grounds of the Defendants’ nonperformance shall terminate the contract with the Defendants on consignment management.

The defendants shall pay the overdue management expenses, etc. and take over the procedure for the registration of transfer of ownership.

B. The Plaintiff completed the registration of establishment of a collateral security without the Defendants’ consent.

A transfer registration shall be completed by paying the management expenses, etc. due to the cancellation of each registration of creation of a neighboring mortgage and simultaneous performance.

3. Determination

A. Whether it is possible to refuse the payment of management expenses on the ground of registration of establishment of a right to collateral security, and the entrustment management contract between the plaintiff and the defendants is the owner of the vehicle and the automobile.

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