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(영문) 수원지방법원안양지원 2014.12.17 2014가단109288
소유권이전등록
Text

1. The Defendant’s ground for termination of title trust on July 16, 2014 for the Plaintiff’s motor vehicle indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) around 2005, the “B” motor vehicle (attached Form (hereinafter “instant motor vehicle”)

) As to the same type of automobile registration number, however, the ownership of the same type of freight vehicle is attributed to the Defendant (the trade name before the alteration is a corporation of Taesung Industries), who is trucking services, and entered into an entrustment management contract with the content that, while operating the said vehicle upon entrustment of the operation and management right from the Defendant, the Defendant would pay a certain amount of management fee to the Defendant, and will bear the obligation to pay taxes, public charges, insurance premiums, penalties

B. On April 4, 2013, the Plaintiff scrapped cargo vehicles using the existing “B” motor vehicle registration number and newly registered the same motor vehicle registration number as the same motor vehicle (the instant motor vehicle) after purchasing a new motor vehicle (the instant motor vehicle). Around that time, the Plaintiff newly drafted an entrustment contract (No. 4) with the Defendant for the instant motor vehicle.

C. Meanwhile, on July 16, 2014, the content-certified mail stating the Plaintiff’s declaration of intent to terminate the consignment management contract for the instant automobile between the Plaintiff and the Defendant (hereinafter “instant consignment management contract”) reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 5, 7, 8 (including paper numbers) and Eul 1, 3, and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the above consignment management contract of this case registers the motor vehicle of this case in the name of the defendant and vests the defendant with ownership and right to manage the motor vehicle of this case. In the inside of the country, the defendant is entrusted with his own right to manage the motor vehicle of this case and managed the motor vehicle of this case under his own independent account, and the defendant is performing external management affairs such as paying taxes, public charges, etc. on behalf of the defendant.

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