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(영문) 인천지방법원 2020.12.08 2020가단254678
소유권이전등록
Text

The defendant shall terminate the entrustment management contract on September 11, 2020 with respect to the motor vehicles listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 19, 2013, the Plaintiff entered into an entrustment management contract with the Defendant under which the title of ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) reverts to the Defendant, and that the Defendant should pay management expenses, etc. while operating the motor vehicle upon entrustment with the right to operate and manage the motor vehicle (hereinafter “instant entrustment management contract”).

B. On September 11, 2020, a duplicate of the complaint of this case containing the Plaintiff’s expression of intent to terminate the entrustment management contract of this case was served on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Since the instant consignment management contract, which determines the cause of the claim, is a form of contract in which title trust and delegation are combined, if the contract is terminated, the land owner may claim the return of the trust property against the land owner company as the performance of the liquidation obligation following the termination of title trust. As such, the land owner may seek the implementation of the procedures for ownership transfer registration based on the termination of the above and the consignment management contract.

(2) According to the facts of recognition, the trust management contract of this case is lawfully terminated upon the delivery to the Defendant on September 11, 2020 of a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the contract, and thus, the Defendant is liable to implement the procedure for the transfer of ownership registration for the instant automobile on the ground of the termination of the above date to the Plaintiff.

3. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim until the plaintiff returns the registration number plate of the automobile of this case.

Since the registration number of a motor vehicle for the transport business is based on the premise that the transport business permission is granted, in case of the transfer of ownership on the motor vehicle registered as a motor vehicle for the transport business, the transport business itself is taken over.

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