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(영문) 청주지방법원충주지원 2020.08.12 2020가단21889
자동차 소유권 이전등록 이행청구
Text

1. The defendant, from the plaintiff, on May 8, 202, on the motor vehicle stated in the separate sheet, in light of the cause of the claim in this case.

Reasons

1. On February 1, 2015, the Plaintiff entered into an entrustment contract for trucking transport business (hereinafter “instant contract”) with the Defendant on the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”), and subsequently completed the procedure for ownership transfer registration for the instant motor vehicle in the future of the Plaintiff. Article 5 of the instant contract provides that the Defendant shall pay the Plaintiff the deposit fee of KRW 50,00 (excluding value-added tax) on the 30th day of each month in return for an entrustment of management right. Article 13(2)1 of the instant contract provides that the Plaintiff may unilaterally cancel the instant contract without the notice of performance when the obligation under Article 5 was defaulted for three months or longer. Since the conclusion of the instant contract, the Plaintiff did not pay the above deposit fee, etc., the Plaintiff filed a lawsuit against the Defendant on the termination of the instant contract with the copy of the instant complaint and sought the acquisition of the ownership transfer registration procedure, taking into account the purport that the instant complaint was delivered on May 8, 2020.

According to the above facts, the contract between the plaintiff and the defendant was terminated as of May 8, 2020 when the duplicate of the complaint of this case containing the plaintiff's declaration of termination was delivered to the defendant. Thus, barring any special circumstance, the defendant is obligated to accept from the plaintiff the transfer registration procedure for the automobile of this case as of May 8, 2020 upon the termination of the contract of this case.

2. As to the Defendant’s assertion, the Defendant confirmed that the party to the instant contract was Nonparty C, not the Defendant, after the conclusion of the instant contract, and accordingly, the Plaintiff acquired the transfer registration procedure following the termination of the instant contract.

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