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(영문) 수원지방법원여주지원 2015.02.25 2014가단9771
소유권이전등록
Text

1. On October 6, 2014, the Defendant caused the termination of the entrustment contract with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an entrustment contract (hereinafter “instant contract”) with the content that the Plaintiff shall operate the instant vehicle upon entrustment by the Defendant, but shall pay the Plaintiff fees, etc., on the part of the Defendant as to the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”).

B. The Plaintiff expressed to the Defendant the intent to terminate the instant contract by serving a duplicate of the instant complaint, and on October 6, 2014, the duplicate of the complaint reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The instant contract is a type of contract in which the elements of title trust and delegation are combined, and the Plaintiff, at any time, in the position of the delegating and the title truster, is in the position to terminate the contract and restore ownership to the motor vehicle (see, e.g., Supreme Court Decision 97Da29479, Nov. 11, 197). As long as the duplicate of the instant complaint indicating the intent to terminate the contract was served on the Defendant, the Defendant is obligated to implement the procedures for ownership transfer registration on the instant motor vehicle upon the termination of the entrustment contract.

B. As to the Defendant’s argument, the Defendant asserts to the effect that the Plaintiff’s claim of this case should be dismissed on the grounds that the Plaintiff’s claim of this case was concluded on November 1, 2005, which was promulgated on January 20, 2004, since the Plaintiff’s amendment provision of the Trucking Transport Business Act (Act No. 7100, Jan. 20, 2004; hereinafter “instant Act”).

However, the instant contract is so-called a so-called “title trust” and the elements of delegation are mixed.

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