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(영문) 울산지방법원 2015.04.22 2015가단617
자동차소유권이전등록절차이행
Text

1. The defendant shall receive KRW 4,460,110 from the plaintiff and at the same time, with respect to the motor vehicles listed in the attached Table to the plaintiff.

Reasons

1. As to the cause of the claim, the Plaintiff entered into an entrustment management agreement with the Defendant on the following terms: (a) the title of ownership of the instant automobile as indicated in the separate sheet (hereinafter “instant automobile”) shall vest in the Defendant; (b) the Defendant shall be entrusted with the operation and management right of the instant automobile; and (c) the Defendant shall pay monthly management expenses and bear the Plaintiff taxes, public charges, and automobile insurance premiums, etc. (hereinafter “instant entrustment management agreement”); and (d) on June 30, 1995, the Plaintiff completed the transfer of ownership on the instant automobile under the name of the Defendant; and (e) the sum of the management expenses, taxes, public charges, and automobile insurance premiums, etc. unpaid by the Plaintiff as of the date of closing the argument

On the other hand, the instant consignment contract may be terminated at any time as a delegating and the Plaintiff in the position of the title truster by a contract combining the elements of the title trust and the delegation. Since the instant consignment contract was lawfully terminated by being served on the Defendant on January 29, 2015, the duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the contract, the Defendant is obliged to implement the procedures for ownership transfer registration for the reason of termination of the consignment management contract as of January 29, 2015 on the instant automobile.

2. The defendant's argument regarding the defendant's assertion that, in the course of acquiring freight trucking services, the right to license the automobile of this case has considerable property value, and in the event of transfer of ownership of the automobile of this case, the defendant's right to license the automobile of this case is infringed, or the defendant's right to license is transferred to the plaintiff. Thus, the plaintiff's claim cannot be complied with without proper compensation.

In this case, the plaintiff did not seek the transfer of the license to the defendant.

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