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(영문) 의정부지방법원고양지원 2015.06.25 2014가단35849
자동차소유권이전등록절차이행
Text

1. As to the motor vehicles listed in the attached list No. 1 to the plaintiff A, the defendant is listed in the attached list No. 2 to the plaintiff B.

Reasons

1. Basic facts

A. On August 16, 2001, Plaintiff A entered into an entrusted management contract with the Defendant, who is a trucking freight trucking service, with respect to the motor vehicles listed in the separate sheet No. 1 attached to his own ownership on July 5, 2001, Plaintiff B, as to the motor vehicles listed in the separate sheet No. 2 attached to his own ownership (hereinafter collectively referred to as “each of the instant motor vehicles”), and entered into an entrusted management contract with the Defendant to pay management expenses in return for the entrustment of the operation and management rights (hereinafter referred to as “instant entrusted management contract”).

B. According to the instant consignment management agreement, the Plaintiffs completed the transfer of ownership under the name of the Defendant with respect to each of the instant automobiles, and have been managing each of the instant automobiles.

C. Upon filing the instant lawsuit, the Plaintiffs expressed their intent to terminate the entrusted management contract with the Defendant, and on December 24, 2014, a duplicate of the instant complaint was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the facts of the determination on the cause of the claim, the instant consignment management contract contains that the Plaintiffs, the borrower, were registered in the name of the Defendant, and the ownership and the management right to operate the instant motor vehicle should be reverted to the Defendant. In the inside of charge, the Plaintiffs are entrusted with their independent operation management rights and managed under their own independent accounts, and the Plaintiffs pay monthly management fees for the use of the Defendant’s registration name of trucking transport business, and monthly management fees for the use of the Defendant’s usage of the Defendant’s registration name of trucking transport business, such as paying taxes and public charges on the instant motor vehicle by the Defendant.

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