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(영문) 부산지방법원 2017.04.04 2016가단56133
자동차소유권이전등록
Text

1. The Defendant terminated the consignment management contract as of October 21, 2016 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 7, 2009, the Plaintiff entered into an entrustment management agreement with the Defendant, who is a trucking business operator, to vest the ownership of the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) in the Defendant, and to pay monthly management expenses, etc. when operating the instant motor vehicle upon entrustment by the Defendant.

B. The Plaintiff expressed to the Defendant the intent to terminate the consignment management contract on the instant motor vehicle by serving the duplicate of the instant complaint, and on October 21, 2016, the duplicate of the complaint was served on the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the entrusted management contract between the Plaintiff and the Defendant with respect to the instant motor vehicle is deemed to have been terminated as of October 21, 2016, on which the copy of the complaint in this case, indicating the intent of the Plaintiff seeking the termination, was served on the Defendant.

The Defendant is obligated to implement the procedure for the registration of transfer of ownership on the instant motor vehicle to the Plaintiff on October 21, 2016 due to the termination of the entrusted management contract.

3. Conclusion, the plaintiff's claim of this case is justified.

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