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(영문) 부산지방법원 2017.09.28 2017가단315181
소유권이전등록
Text

1. On May 4, 2017, the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) on an automobile indicated in the separate sheet.

Reasons

1. Facts of recognition;

(1) As from October 9, 1998, the Plaintiff is a land owner operator who is engaged in freight trucking services with the trade name called “B.”

B. At around September 1998, the Plaintiff entered into an entrustment management contract with the Defendant with the content that the ownership of the cargo vehicle (vehicle number: C, a pairer, a chassis number D, hereinafter “motor vehicle before replacement”) belongs to the Defendant. However, upon being entrusted with the operation and management right of the motor vehicle by the Defendant, the Plaintiff entered into an entrustment management contract with the content that the Defendant shall pay the Defendant the management expenses, taxes, public charges, and deductible charges every month.

【formerly, the Plaintiff: (a) sold a vehicle before replacement to another person on November 5, 2010; and (b) replaced the vehicle as indicated in the separate sheet (hereinafter “instant vehicle”) with the content of registering it as C, which is the existing vehicle number.

x. On November 5, 2010, the Plaintiff entered into an entrustment management agreement (hereinafter “instant management agreement”) with the Defendant that: (a) the ownership of the instant motor vehicle replaced as above belongs to the Defendant; (b) the Plaintiff is entrusted with the operation and management right of the motor vehicle by the Defendant; (c) and (d) the Defendant is obliged to pay monthly management expenses and expenses; and (d) completed the new registration of ownership of the instant motor vehicle under the name of the Defendant in accordance with

(v) The Plaintiff notified the Defendant that the instant management contract will be terminated as a service of the duplicate of the instant complaint, and the duplicate of the instant complaint reaches the Defendant on May 4, 2017.

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

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition as to the cause of the claim, the instant management contract externally registers the instant vehicle in the name of the Defendant and vests in the Defendant’s ownership and management right.

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