(영문) 부산지방법원 2018.09.14 2017가단319008

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(영문) 부산지방법원 2018.09.14 2017가단319008

자동차소유권이전등록절차 이행의 소

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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. A. Around May 1, 1995, the Plaintiff entered into an entrustment management contract with the Defendant for a fixed term of two years with respect to a used-of-life truck owned by the Defendant (hereinafter “former truck”). From May 1, 1996 to May 1, 1996, a vehicle which is the object of the entrustment management contract was replaced by a vehicle listed in the attached Table (hereinafter “new vehicle”) on the wind scrapped due to an accident around March 196.

B. Since then, the Plaintiff and the Defendant have renewed the contract term each time the contract term expires from May 1, 1997 to May 1, 2017 (hereinafter collectively referred to as the “instant consignment management contract”).

The common main contents of the entrusted management contract of this case are as follows.

The purpose of this contract is to provide for the rights, obligations and other matters of both parties related to the contract of entrustment between the truster (the defendant, the truster (hereinafter referred to as the "trustee") and the trustee (the plaintiff, the trustee hereinafter referred to as the "trustee"), with respect to the vehicle owned by the truster, the truster entrusts the trustee with the carriage of cargo using the entrusted vehicle, and the trustee shall, under the trustee's responsibility, manage and manage the entrusted vehicle, and the trustee shall, in accordance with the contract of entrustment, provide for the rights, obligations and all other matters of the parties concerned.

Article 3 (Indication of Entrusted Vehicle) The details of the entrusted vehicle under this Agreement are as follows:

The trustee shall delegate the following matters to the truster at the trustee's expense, and the truster shall dispose of them in good faith: (a) the manufacturer of the business number model ton B chassis B, 1996, 53 C, 4 (or Article 5); (b) the trustee shall delegate the following matters to the truster at the trustee's expense:

Rental related to vehicle management;

(b) Article 5 (or Article 6). (1) This Agreement shall begin on May 1, 2009.

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