(영문) 창원지방법원마산지원 2015.01.16 2014가단14712

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(영문) 창원지방법원마산지원 2015.01.16 2014가단14712

차량번호판인도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2011, the Plaintiff entered into an entrustment management agreement with Nonparty B (Death, March 1, 2013), which stipulates that the Plaintiff shall own the name of the vehicle indicated in the separate sheet (hereinafter “instant vehicle”) and the deceased shall pay KRW 200,000 per month to the Plaintiff while operating the instant vehicle upon entrustment of the operation and management right of the instant vehicle (hereinafter “instant land entry agreement”).

B. On August 31, 2012, the Defendant repaired the instant vehicle at the request of the Deceased, and completed the repair on September 25, 2012. However, even though the claim for the repair cost was reached in KRW 52,159,030, the Defendant was under the process of exercising the right of retention for the instant vehicle as at the present time because the Deceased did not pay the repair cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. At the time of the conclusion of the instant land entry contract, the Plaintiff agreed to recover the number plate of the instant vehicle where the deceased fails to pay the number plate for three months or more, and the instant land entry contract was terminated due to the deceased’s death in default of the number of months, and the number of the business vehicle registration number is assigned only to the cargo transport service provider, and the registration number (number plate) is managed separately from the vehicle, and thus, the Defendant asserts that the Plaintiff is obligated to deliver the number plate of the instant vehicle to the Plaintiff.

In light of the above, the registration number or its number plate of a motor vehicle shall be assigned to the Mayor/Do Governor for the management of the motor vehicle in accordance with Ordinance of the Ministry of Land, Transport and Maritime Affairs, and it shall be limited to the sign affixed to and sealed on the motor vehicle, so the right to use the registration number or its number plate of the motor vehicle shall not be assigned exclusively to another person through an agreement between individuals. Therefore, the plaintiff

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