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(영문) 수원지방법원여주지원 2015.01.27 2014가단9450
자동차소유권이전등록이행
Text

1. The defendant shall receive KRW 3,402,020 from the plaintiff, and at the same time, shall enter the motor vehicle in the attached Table in the plaintiff.

Reasons

1. In around 198, the Plaintiff entered into an entrustment management agreement with the Defendant, a trucking transport business operator, with the content that the Plaintiff will register the ownership of the instant vehicle owned by the Plaintiff to the Defendant, and that the Plaintiff will pay monthly management fees, taxes, public charges, and insurance premiums to the Defendant while operating the vehicle upon being entrusted with the vehicle operation management right by the Defendant (hereinafter “instant contract”).

On September 25, 2014, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant contract was served on the Defendant.

[Reasons for Recognition] The descriptions of Gap 1, 2, and 5 and the purport of the whole pleadings

2. The Plaintiff’s assertion by the parties concerned seeks the transfer of ownership of the instant vehicle due to the termination of the instant contract.

① The Defendant asserts to the effect that the Plaintiff cannot transfer the instant vehicle’s registration number to any other registration number than the instant vehicle because it is the Defendant’s property, and that the Plaintiff shall pay part of the Defendant’s investment in the transport business right to KRW 6 million. ② The Cargo Mutual Aid Association cannot comply with the claim for the transfer of ownership until it receives the attempted management expenses under the instant contract from 1999 to 2002, which were imposed on the instant vehicle.

3. Determination

A. The instant contract may be terminated at any time by a contract in which the title trust and the elements of delegation are combined, and the Plaintiff, at any time, in the position of the delegating and the title truster. The obligation to perform the procedure for ownership transfer registration and the obligation to return unjust enrichment equivalent to the overdue management fees or the illegal enrichment from the date of termination of the contract after the termination of the contract.

The instant contract was terminated on September 25, 2014 according to the Plaintiff’s expression of intent to terminate the contract, and the unpaid management expenses, etc. as of the date of closing the argument in the instant case are 3.

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