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(영문) 수원지방법원 여주지원 2018.11.22 2018가단53998
소유권이전등록
Text

1. The Defendant terminated the consignment management contract on August 23, 2018 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Judgment on the parties' arguments

A. 1) Examining the facts of recognition as to the cause of claim No. 1 and No. 3 together with the purport of the entire entries and arguments, the Plaintiff and the Defendant: (a) from Aug. 20, 2004 to Aug. 20, 2004, the automobiles listed in the separate sheet (the foregoing automobiles were modified by the vehicle number B, the name mast, and the chassis number C as shown in the separate sheet; hereinafter “instant automobiles”).

2) As to the instant motor vehicle, the term “the Plaintiff externally entrusted the ownership and the right to manage the instant motor vehicle to the Defendant, but, in its inside, the Defendant has its own right to manage the instant motor vehicle and operates the instant motor vehicle under its own independent account” (hereinafter “instant contract”).

A) The facts that the Plaintiff concluded a contract of this case and the Plaintiff declared that the contract of this case will be terminated by delivering a duplicate of the complaint of this case to the Defendant on August 23, 2018, and the duplicate of the complaint of this case may be delivered to the Defendant on August 23, 2018, respectively, and there is no counter-proof. 2) According to the above facts of recognition, the contract of this case concluded between the Plaintiff and the Defendant on the instant automobile appears to have been combined with the elements of title trust and delegation, and the Plaintiff, who is the said mandatory and the title truster’s position, may terminate the contract at any time against the Defendant who is in the position of the transport business operator and the title trustee. Thus, the contract of this case was lawfully terminated by being served on the Defendant on August 23, 20

Therefore, barring special circumstances, the Defendant is obligated to implement the procedure for ownership transfer registration on August 23, 2018 with respect to the instant motor vehicle by restoring the instant motor vehicle to its original state following termination of the entrusted management contract to the Plaintiff, barring special circumstances.

B. The defendant.

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