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(영문) 광주지방법원 2015.12.18 2015가합368
자동차소유권이전등록 절차이행 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a company engaged in the trucking transport business and the cargo transport arrangement business in Naju City, etc.

B. On March 1, 2006, the Plaintiff purchased trucks listed in the separate sheet (hereinafter “instant cargo vehicles”) from the Mami-SaSaS branch Co., Ltd. and registered the transfer of ownership in the name of the Defendant on March 10, 2006.

The registration number of the foregoing cargo vehicle was “B” as of the date of ownership ownership of the Mag-U.S. Co., Ltd., but it was changed to “C” due to the Defendant’s transfer of ownership.

C. On March 22, 2006, the original Defendant entered into a contract under which the Plaintiff invested the instant cargo in kind to the Defendant and is entrusted with the trucking transport business using the said cargo vehicle from the Defendant (hereinafter “instant land entry contract”).

The main contents of the above contract are as follows:

Article 3 (Methods of Investment): B (Plaintiff) shall bear all costs incurred in the purchase, registration, etc. of the said truck of investment in kind (the freight of this case) to A (Defendant) and shall be registered under the name of A, but A shall not be subject to asset management under the Commercial Act.

Article 4 (Period of Entrustment Management): The entrusted management period of this contract shall be five years from the date of conclusion of the contract, and the contract period shall be deemed automatically extended every three years, except in extenuating circumstances.

Article 7 (General Management Expenses) Paragraph (1): B shall pay the amount of KRW 160,00 per month to A as an investor in kind by the end of the month.

Article 10 (Transfer, etc. of Management Vehicles): A shall, when a person designated by B or B requests a person designated by B or B to submit documents necessary for the registration of transfer of ownership of the above entrusted management vehicle due to the expiration of the entrusted management period, the termination, rescission, or any other reason, A shall promptly prepare the relevant documents and deliver them to B.

On March 24, 2011, the defendant did not pay management expenses to the plaintiff, and the Gwangju District Court also ruled that the plaintiff did not pay management expenses.

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