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(영문) 인천지방법원 2016.01.14 2015가단46989
자동차소유권이전등록 등
Text

1. The Defendant terminated the consignment management contract on October 7, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 3, 2012, the Defendant entered into an entrustment management agreement with the Plaintiff, under which the title of ownership, operation, and management of the instant motor vehicle as indicated in the separate sheet (hereinafter “instant motor vehicle”) is attributed to the Plaintiff externally. In its inside, the Defendant entered into the instant motor vehicle management agreement with the Plaintiff, under which the Plaintiff is entrusted with an independent operation and management right, to pay KRW 250,000 per month to the Plaintiff for expenses for entrusted management, taxes, public charges, and public charges, and insurance premiums, etc. (hereinafter “instant entrustment management agreement”). At that time, the Defendant completed the ownership registration of the instant motor vehicle in the name of the Plaintiff.

B. After that, the Defendant agreed with the Plaintiff to reduce the consignment management cost from December 2013 to KRW 200,000 with respect to the instant consignment management contract.

C. On June 26, 2015, the Defendant delayed the payment of the entrusted management expenses, etc., the Plaintiff filed the instant lawsuit seeking to pay KRW 3,024,702, such as overdue entrusted management expenses, to the Defendant up to July 15, 2015, and transfer the ownership of the instant vehicle by July 28, 2015; and to pay KRW 3,296,953, such as overdue entrusted management expenses, etc., up to August 15, 2015; and to notify the Defendant of the transfer of the title of the instant vehicle by mail; however, on August 17, 2015, the Defendant accepted the transfer of ownership registration procedure on the instant automobile; and to pay KRW 3,516,952, such as overdue entrusted management expenses, etc., to the Defendant.

On October 7, 2015, the Defendant agreed to transfer the ownership of the instant vehicle in the event that the Plaintiff paid in full KRW 4,268,272, such as overdue entrusted management expenses, etc., and delays in the future management expenses, taxes and public charges, and insurance premiums, but did not fully perform the said agreement.

E. The defendant is running the automobile of this case to the present day and running the freight trucking service.

[Ground of recognition] dispute.

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