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(영문) 부산지방법원 2017.11.09 2017가단19056
자동차소유권이전등록
Text

1. The Defendant is based on the termination of the consignment management contract on July 20, 2017 with respect to the motor vehicles indicated in the attached Form from the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-6.

On July 1, 1998, the Plaintiff entered into an entrusted management contract with the Defendant for an automobile indicated in the attached Form (hereinafter “instant automobile”) (hereinafter “instant entrusted management contract”), and around that time, the Plaintiff completed the registration of transfer of ownership under the Plaintiff’s name as to the instant automobile.

B. On March 11, 2004, the Defendant reported the suspension of freight trucking services for the instant automobile and did not pay management expenses, etc. under the instant consignment management contract to the Plaintiff.

C. On April 13, 2004, the Plaintiff filed a lawsuit against the Defendant, etc. seeking the payment of management expenses, etc. for the instant automobile with Busan District Court Decision 2004Gada171538, and received a decision of performance recommendation from the above court on April 13, 2004 that “the Defendant, etc. shall pay to the Plaintiff KRW 9,568,920 and delay damages therefor,” which became final and conclusive as it is.

The Plaintiff expressed against the Defendant the intent to terminate the instant consignment management contract on the grounds of delinquency in the management fee, etc. through the instant complaint, and the duplicate of the instant complaint was served on the Defendant on July 20, 2017.

2. According to the facts of the judgment on the Plaintiff’s claim, it is reasonable to view that the instant consignment management contract was lawfully terminated on July 20, 2017 according to the Plaintiff’s notice of termination.

Therefore, the defendant is obligated to accept the transfer registration procedure for the ownership transfer on the instant automobile from the plaintiff, barring special circumstances. Therefore, it is so decided as per Disposition by accepting the plaintiff's claim.

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