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(영문) 청주지방법원 2015.07.09 2015가단5873
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract on April 17, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Around September 1999, the Plaintiff’s ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) between the Defendant and the Defendant is attributed to the Defendant, but the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with the effect that the Plaintiff would be entrusted with the operation and management right of the instant motor vehicle and pay a certain amount of consignment fees each month in return for the entrustment of the operation and management right. There is no dispute between the parties, and the fact that the copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant contract to the Defendant was delivered to the Defendant on April 17, 2015 is apparent in the record. Thus, the instant contract was lawfully terminated on April 17, 2015. Thus, the Defendant is obligated to implement the transfer registration procedure on the instant motor vehicle to the Plaintiff on April 17, 2015, unless there is any special circumstance.

2. Judgment on the defendant's assertion

A. First, the Defendant asserts that the registration number of the instant vehicle is a kind of business exclusive property of the Defendant, and even in cases where it is deemed that there is a duty to transfer the house registration number to the Plaintiff, the number of the transport businesses permitted by the Defendant is reduced by the number of the Defendant’s possession in the instant automobile upon termination of the instant contract. Thus, the Defendant cannot accept the Plaintiff’s claim before receiving the above KRW 20,000,000,000.

The registration number and the number plate of the vehicle shall be assigned by the Mayor/Do governor for the management of the vehicle in accordance with the Ordinance of the Ministry of Construction and Transportation, and the sign affixed and sealed on the vehicle is merely confined to the sign, and the right to use the registration number and the number plate of the vehicle in this case shall be the defendant.

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