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(영문) 울산지방법원 2015.04.29 2014나6572
자동차소유권이전등록
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 as to the cause of the claim, the plaintiff entered into an entrustment management contract with the defendant, who is the freight trucking service operator, on November 15, 2010, and newly registered the motor vehicle in the name of the defendant as to the motor vehicle stated in the separate sheet Nos. 1, 2, and 1, it is evident that the copy of the complaint of this case containing the plaintiff's intent to terminate the contract of this case was delivered to the defendant on March 10, 2014.

According to the above facts of recognition, the instant contract was terminated on March 10, 2014.

Therefore, barring any special circumstance, the defendant is obligated to implement the procedure for the registration of transfer of ownership on the motor vehicle stated in the attached Form to the plaintiff on March 10, 2014 for the termination of the entrusted management contract.

2. Judgment on the defendant's assertion

A. The defendant asserts that the plaintiff does not have the right to terminate the contract of this case without any justifiable reason, and that the plaintiff's right to terminate the contract of this case is against the principle of trust and good faith to claim the transfer registration of ownership of the motor vehicle stated in the separate sheet without any clear or due process of

On the other hand, the automobile consignment management contract is a type of contract in which the land owner registers an automobile outside the name of the land owner company and vests the ownership and the right to manage the automobile. In the inside, the land owner company is entrusted with the independent operation and management right and operates and manages it in its own account under its own independent account, and the land owner company pays fees, taxes, public charges, etc. for the use of the freight truck's registered name, and it is a form of contract in which the title trust and the elements of delegation are combined.

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