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(영문) 부산지방법원 2019.06.20 2018가단18012
자동차소유권이전등록
Text

1. On September 10, 2018, the Defendant caused the termination of the entrustment contract with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 1, 1995, the Plaintiff entered into an entrustment management contract with the Defendant with the content that the ownership of the D Hyundai 5 tons Truck-Bed Motor Vehicle will vest in the Defendant, and that the Defendant will pay a certain amount of management expenses every month in return for the consignment of the above operation and management right while operating the said Motor Vehicle upon entrustment by the Defendant.

B. After the deterioration of the above vehicle, the Plaintiff and the Defendant, while maintaining the registration number of the said vehicle, shall be replaced by Hyundai 5 tons’ grassland trucks (hereinafter “instant vehicle”), and around November 17, 201, entered into an entrustment management contract with the same content as the existing contract (hereinafter “instant entrustment management contract”).

C. The Plaintiff expressed his/her intent to terminate the instant consignment management contract as a service of the duplicate of the instant complaint, and on September 10, 2018, the duplicate of the instant complaint was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including additional evidence) and the purport of the whole pleadings

2. The contract on consignment management is a contract in which the land owner registers a motor vehicle externally in the name of the land owner company and vests the ownership and the right to manage the operation of the land to the land owner company. In the inside of the country, the title trust and the right to manage the operation of the land owner company, entrusted by the land owner company with its own operation and management under its own independent account, and the elements of delegation are combined to pay a certain amount of entrusted management fee to the land owner company.

Therefore, in principle, a land owner may terminate the above consignment management contract at any time, and claim against the land owner company for the implementation of the transfer registration procedure based on the termination of the above consignment management contract.

According to the above facts, the entrusted management contract of this case includes the plaintiff's expression of intent to terminate.

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