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(영문) 광주지방법원순천지원 2015.10.21 2015가단10695
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are found either to be in dispute between the parties or to be recognized in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 6 (including papery evidence) and Eul evidence No. 1:

A. On March 29, 2010, the Plaintiff, an individual entrepreneur, engaged in cargo transport business, entered into an entrustment management contract with the Samjin Transportation Co., Ltd. (hereinafter “Nonindicted Company”) which is a trucking business operator, as to the motor vehicle indicated in the order (hereinafter “instant motor vehicle”). As to the instant motor vehicle, the ownership transfer registration was completed in the name of the Nonparty Company.

B. Meanwhile, on July 17, 2013, the Defendant received a provisional attachment decision on the instant motor vehicle (hereinafter “instant provisional attachment”) from the Gwangju District Court 2013Kahap273 as the claim for reimbursement of KRW 500 million against the non-party company, and on July 19, 2013, the said provisional attachment decision was entered in the motor vehicle register of the instant motor vehicle.

C. Since then, the Plaintiff entered into an entrustment management contract with the Jongwon Co., Ltd. on the instant automobile, and accordingly, the registration number of the instant automobile was changed from B to C.

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant motor vehicle was owned by the Plaintiff and the non-party company in accordance with the consignment management contract between the Plaintiff and the non-party company, and is in substance owned by the Plaintiff. Thus, the enforcement of the above provisional seizure by the Defendant, the creditor of the non-party company, is

B. According to the agreement between the freight trucking service operator holding the judgment trucking service license and the borrower practically possessing the motor vehicle, the motor vehicle is registered in the name of the freight trucking service operator and reverted to the freight trucking service operator, and, insidely, each borrower is in the form of transportation business in which each borrower pays the freight to the freight trucking service operator while carrying out his/her business on his/her own management and account.

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