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(영문) 대전지방법원천안지원 2020.05.13 2019가단108813
소유권이전등록
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. On July 10, 2019, with respect to the motor vehicles listed in the separate sheet.

Reasons

1. Determination as to the main claim

A. (1) On October 8, 2010, Nonparty D Co., Ltd. (hereinafter “D”) completed ownership transfer registration with respect to the instant vehicle, which is a food waste collection truck (hereinafter “instant vehicle”), and operated a comprehensive waste recycling business.

(2) On October 20, 2013, D transferred the instant vehicle to the Plaintiff, and accordingly, the Plaintiff operated the instant vehicle and operated the waste collection and transportation business. However, due to the issue of permission for the instant vehicle transportation business, D left the ownership of the instant vehicle as it is, due to the issue of permission for the instant vehicle transportation business.

(3) D paid the Plaintiff the remainder after deducting D’s food collection, disposal expenses, vehicle management expenses, insurance premium, repair expenses, and D’s food disposal expenses, etc., out of the food collection, disposal expenses, and vehicle management expenses, and the Plaintiff paid the remainder of the instant vehicle to the Plaintiff. Accordingly, the Plaintiff fully borne the remainder of the instant vehicle.

(4) On April 25, 2016, the Plaintiff agreed to trust the ownership of the instant vehicle with the Defendant who runs the waste recycling business, and accordingly, on April 25, 2016, the registration of ownership transfer was completed in D on the instant vehicle.

(5) As to the instant vehicle, the Plaintiff, even after the transfer of ownership was registered in the Defendant’s future, performed waste collection and transportation as before, and disbursed the vehicle repair cost or oil supply cost.

(6) The Defendant received the cost of collecting and transporting waste and paid the Plaintiff the remainder after deducting the cost of waste treatment and the management cost of the instant vehicle that is disbursed as the nominal owner.

(7) The Plaintiff discontinued waste collection and transportation business around April 2019, and currently, the instant vehicle is occupied and used by the Defendant.

(8) The Plaintiff terminated the title trust on the instant vehicle by serving a duplicate of the instant complaint on the Defendant.

Grounds for recognition: The evidence Nos. 1 through 24 shall be written in 30, and the witness.

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