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(영문) 수원지방법원 2015.11.10 2015가단17995
자동차소유권이전등록절차이행
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 4,087,00 to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. On January 18, 2007, the Plaintiff, a trucking business operator, transferred the ownership registration name of Lono five tons of truck (number B; hereinafter “instant vehicle”) to the Defendant, and the Plaintiff, upon being entrusted with the operation and management right of the instant vehicle from the Defendant, concluded an entrustment management contract with the Defendant to pay all kinds of expenses, such as monthly admission fees, liability insurance premiums, comprehensive insurance premiums, etc. (hereinafter “instant consignment management contract”).

B. On January 18, 2007, the Plaintiff completed the transfer of ownership on the instant vehicle under the name of the Defendant pursuant to the instant consignment management contract.

At the time, the instant vehicle registration number was C, but the said registration number was changed to D on February 14, 2012, and was changed to E on July 1, 2014 due to loss or theft.

C. On July 201, the Plaintiff did not pay the land admission fees, etc. under the instant consignment management contract, and thereby, paid a total of KRW 4,106,230. On July 8, 201, the Defendant, on July 8, 201, notified the Plaintiff that the instant consignment management contract will be terminated and that the instant vehicle will be registered for its own use.

On March 10, 2015, the Plaintiff: (a) paid the Defendant the overdue rent, etc. by March 30, 2015; and (b) voluntarily returned the registration number for business use owned by the Defendant if the Plaintiff did not pay it; and (c) drafted and issued a written statement that the Defendant would not raise an objection even if the Plaintiff registered the change of use for the instant vehicle.

E. On April 1, 2015, the Defendant notified the Plaintiff of the collection of the registration license plate and the sales of the instant vehicle by content-certified mail, if the Plaintiff did not adjust the late payment charge, etc. by April 15, 2015.

F. The Defendant lost or stolen the registration number of the instant vehicle on April 21, 2015.

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