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1. The Defendant caused the termination of the title trust on January 28, 2020 on the motor vehicles listed in the separate sheet from the Plaintiff.
Reasons
The Plaintiff, upon the Defendant’s request, concluded a title trust agreement to purchase a motor vehicle listed in the separate sheet owned by the Defendant in the name of the Plaintiff (hereinafter “instant title trust agreement”), and filed a claim for restitution of unjust enrichment against the Defendant as Seoul Northern District Court 2016Kadan9626 on June 30, 2019 on the ground that the Defendant failed to pay taxes, etc. on the said motor vehicle, and the Plaintiff filed a claim for restitution of unjust enrichment with the Seoul Northern District Court 2016Kadan9626 on the damage incurred under the name of the owner of the said motor vehicle. As a result of the said lawsuit, the decision in lieu of the conciliation that the Defendant would pay KRW 99 million to the Plaintiff was confirmed on June 30, 2019. The Plaintiff terminated the title trust agreement on the motor vehicle listed in the separate sheet with the delivery of a duplicate of the complaint of this case, and sought the Defendant to take over the transfer registration procedure. The fact that the copy of the complaint of this case was delivered to the Defendant on January 28, 202020.
According to the above facts, the title trust agreement between the plaintiff and the defendant was terminated as of January 28, 2020 when a duplicate of the complaint of this case containing an expression of intent to terminate the above agreement reaches the defendant. Thus, the defendant is obligated to accept the transfer registration procedure for the above automobile from the plaintiff.
Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.