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(영문) 전주지방법원 2016.07.13 2015가단37704
자동차소유권이전등록절차이행
Text

1. On December 11, 2015, the Defendant terminated the consignment management contract with respect to each of the vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 29, 2002, the Plaintiff and the Defendant indicated in the separate sheet (hereinafter “instant vehicle”) reverted to the Defendant, a trucking business operator. However, the Plaintiff, upon being entrusted with the operation and management rights of each of the said vehicles by the Defendant, paid a certain amount of management expenses each month in return for the entrustment of the said operation and management rights, and entered into the consignment management contract (hereinafter “instant consignment management contract”).

B. On June 30, 2005, the Plaintiff, in accordance with the instant consignment management contract, engaged in cargo transport business without having registered ownership of the instant vehicle in the name of the Defendant, and terminated the consignment management contract with the Defendant on July 1, 2005. On July 1, 2005, the Plaintiff concluded the consignment management contract with the Defendant under the name of the spouse B, and concluded the consignment management contract with the Defendant on July 31, 2015, and concluded the said consignment management contract again with the Plaintiff and the Defendant on August 1, 2015.

C. On December 7, 2015, the Plaintiff filed the instant lawsuit, and the Plaintiff’s intent to terminate the instant consignment management contract was served on the Defendant on December 11, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 6, 8, 9, Eul's 1 through 6 (including additional numbers), the purport of the whole pleadings

2. In the event that an owner of a vehicle and an automobile transport business operator externally trust the name of the vehicle in his/her possession to a vehicle transport business operator (hereinafter “branch owner”) and the ownership and the operation management right are vested in the company to which the ownership and the operation management right are assigned, and in the case of an internal agreement between the owner of the vehicle and the automobile transport business operator, the term “vehicle entrusted management contract” with the purport that the vehicle owner will pay a certain amount of management expenses to the vehicle owner while operating the vehicle in his/her own account.

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