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(영문) 청주지방법원 2015.07.09 2015가단6524
자동차소유권이전등록
Text

1. The Defendant terminated the entrustment management contract on May 4, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. On March 4, 2003, the Plaintiff’s decision on the cause of the claim belongs to the Defendant as to the motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”), and the Plaintiff entered into an entrustment management contract (hereinafter “the instant contract”) with the Defendant under which the Plaintiff would be entrusted with the operation and management right of the instant motor vehicle and pay a certain amount of consignment fees each month in return for the entrustment of the operation and management right. There is no dispute between the parties, and the fact that the copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant contract to the Defendant was delivered to the Defendant on May 4, 2015 is apparent in the record, and thus, the instant contract was lawfully terminated on May 4, 2015. Thus, the Defendant is obligated to implement the transfer registration procedure for the instant motor vehicle on May 4, 2015, to the Plaintiff on the ground of the termination of the entrustment management contract.

2. Judgment on the defendant's assertion

A. First, the Defendant asserts that the registration number of the instant vehicle is a kind of business exclusive property of the Defendant, and even in cases where it is deemed that there is a duty to transfer the house registration number to the Plaintiff, the number of the transport businesses permitted by the Defendant is reduced by the number of the Defendant’s possession in the instant automobile upon termination of the instant contract. Thus, the Defendant cannot accept the Plaintiff’s claim before receiving the above KRW 20,000,000,000.

The registration number and the number plate of the vehicle shall be assigned by the Mayor/Do governor for the management of the vehicle in accordance with the Ordinance of the Ministry of Construction and Transportation, and the sign affixed and sealed on the vehicle is merely confined to the sign, and the right to use the registration number and the number plate of the vehicle in this case shall be exclusive to the defendant.

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