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(영문) 광주지방법원 2018.11.07 2018가단8823
자동차소유권이전등록
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 21, 2016, the Plaintiff entered into an entrusted management agreement with the Defendant to pay management expenses of KRW 250,000 per month to the Plaintiff while operating the instant motor vehicle on the Defendant’s account after being entrusted with the management and operation rights by the Plaintiff (hereinafter “instant contract”).

B. At the time of the instant contract, the location of the Plaintiff’s head office was Ulsan-gu C, and the Defendant’s domicile was D at the port of port.

On June 22, 2017, the Plaintiff transferred the head office to Gwangju Mine-gu E.

C. The Plaintiff requested the Defendant to consent to the relocation of the headquarters on the ground that the consent of the branch owner is necessary to complete the procedures for the relocation of the headquarters, but the Defendant did not comply with such request.

On March 6, 2018, the Plaintiff, on the ground of the Defendant’s refusal, terminated the instant contract as of February 28, 2018, and notified the Defendant of the transfer of ownership transfer registration in the name of the Defendant by March 20, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 7 evidence (including partial number), the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion requires the consent of the branch owner in order to complete the procedure for the relocation of the main office, and the contract between the plaintiff and the defendant is based on mutual trust, and thus the defendant has the duty to consent to the relocation of the main office, and since the defendant rejected and terminated the contract of this case, the defendant is obligated to accept the procedure for the transfer of ownership as to the

B. In order for the Plaintiff to terminate the instant contract, the Defendant should have violated the matters specified in the instant contract as the grounds for termination.

However, entrusted management of Gap evidence 2.

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