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(영문) 울산지방법원 2014.07.25 2014가단8911
자동차소유권이전등록절차이행
Text

1. The Defendant’s ground for the termination of the consignment management contract on April 9, 2014 with respect to the motor vehicles indicated in the attached Form to the Plaintiff.

Reasons

1. As to the cause of claim

A. (1) Around January 2, 2002, the Plaintiff entered into an entrustment management contract with the Defendant, a trucking transport business operator, including the following contents as to the motor vehicles listed in the separate sheet (hereinafter “the instant motor vehicle”).

(2) The Plaintiff (hereinafter referred to as the “instant contract”). The Plaintiff entered the instant motor vehicle into the Defendant. The Defendant has a formal ownership of the instant motor vehicle, and the Plaintiff has a substantial ownership. The Plaintiff shall pay the Defendant the rent of KRW 115,00 per month to the Defendant while operating the instant motor vehicle.” (2) The Plaintiff left and operated the instant motor vehicle to the Defendant around that time, and the Defendant maintains its transfer of ownership transfer registration in the future.

(3) The Plaintiff indicated in the instant complaint that the contract of this case was terminated by the delivery of a copy of the complaint, and the Defendant was served with the same.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

B. The instant contract is externally registered in the name of the Defendant and reverted to the Defendant the ownership and the right to manage the instant motor vehicle. At the same time, the Plaintiff, the actual owner of the instant motor vehicle, is entrusted with the independent operational management right for the instant motor vehicle under his own independent account and operated and managed under his own independent account, and the Plaintiff, the actual owner of the instant motor vehicle, who is a user fee for using the Defendant’s registered name of the trucking transport business, and the Defendant, as remuneration for performing the external management affairs, such as paying taxes, public charges, etc. on the instant motor vehicle on behalf of the Defendant, pays a certain amount of management expenses every month to the Defendant. As such, the instant contract is a so-called “land entry contract” in which the elements

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