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(영문) 광주지방법원 2018.12.27 2018가단8809
자동차소유권이전등록
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion - With respect to the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) on December 26, 2016 with the Defendant, a land owner, and the Plaintiff as indicated in the separate sheet (hereinafter “the instant motor vehicle”). The owner of the motor vehicle, on the Plaintiff’s account, entered into an entrustment management contract under which the Defendant entrusted the Plaintiff with the management and operation right to manage and operate the motor vehicle and pay management expenses to the Plaintiff (hereinafter “instant contract”). At the time of entering into the instant contract, the Plaintiff’s head office was Ulsan-gu, Ulsan-gu. At the time of entering into the instant contract, the Plaintiff transferred the head office to Gwangju Mine-gu, and around June 2017, the Plaintiff transferred the head office to Gwangju-gu, with the consent of the land owner in order to complete the procedure for relocating the head office pursuant to the Trucking Transport Business Act. The Plaintiff’s consent to the procedure for transferring the ownership of the instant motor vehicle without the consent of the Plaintiff’s head office. For this reason, the Plaintiff is difficult to accept the instant contract.

2. In general, the consignment management contract of a motor vehicle on board generally registers a motor vehicle outside the name of a branch entry company and vests the ownership and the right to manage the motor vehicle in the name of the branch entry company. In the inside of the country, a branch entry company is entrusted with the independent right to manage the motor vehicle in its own account and is entrusted with the operation and management under its own independent account and conducted the external management affairs such as paying taxes, public charges, etc. by the branch entry company on behalf of the branch entry company.

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