Main Issues
Registration of the ownership of a motor vehicle and effects of changes in the special circumstances thereof.
Summary of Judgment
The registration under the name of the defendant company was made by a trust, and even if the truster and the plaintiff A expressed at least their intent to cancel the trust, so it is not possible to assert that the trust is co-ownership of the defendant company or seek the procedure for changing the name of the registration.
[Reference Provisions]
Article 4 of the Road Transport Vehicles Act, Article 5 of the Road Transport Vehicles Act
Plaintiff-Appellant
Plaintiff
Defendant-Appellee
One other than the Central Trucking Transport Company
Judgment of the lower court
Seoul High Court Decision 67Na244 delivered on November 15, 1967, Decision 67Na244 delivered on November 15, 1967
Text
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
Reasons
The Plaintiff’s Plaintiff’s Plaintiff’s ground of appeal No. 1.2.3.4.5
According to the whole purport of the pleading and the facts established by the original judgment, since the automobile is registered in the automobile register in the name of the defendant Central Truck Transport Service Co., Ltd., and the acquisition, loss, and change of the ownership of the automobile takes effect upon registration. As such, the registration is made in the name of the above company as in the lawsuit, and even if the truster and the defendant in the name of the plaintiff and the defendant, there is no material to recognize at least that the owner of the automobile in this case had expressed his intent to cancel the trust, so the above defendant company cannot claim that the ownership of the automobile in this case is jointly owned by the plaintiff and the defendant, or seek a procedure to change the name of the registration under the joint name of the plaintiff and the defendant, even if there is any unexpected expression in the reasoning of the original judgment, the conclusion of the original judgment rejecting the plaintiff's claim is just, and all of
Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
The presiding judge of the Supreme Court (Presiding Judge)