1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On April 1, 1997, the Plaintiff and the Defendant, a trucking business operator, belong to the Defendant with respect to the motor vehicles listed in the separate sheet owned by the Plaintiff (hereinafter “instant motor vehicle”), and the ownership transfer registration for the instant motor vehicle is completed in the name of the Defendant, by entering into an entrustment management agreement with the purport that the Plaintiff is entrusted with the instant motor vehicle operation and management right by the Defendant and would pay a certain amount of monthly consignment management fees, etc. to the Defendant in return for the entrusted operation and management right of the instant motor vehicle.

B. A duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant contract was served on April 11, 2014 on the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. In a case where an owner of a vehicle and an automobile transport business operator externally trust the name of his/her vehicle to a vehicle transport business operator (hereinafter “sub-owner”) and the ownership and operation management right are vested in the company to which the owner of the vehicle belongs (hereinafter “sub-owner”). However, in a case where an entrustment contract is entered into between the owner of the vehicle and the automobile transport business operator with the purport that the management right of the pre-owner is entrusted to operate the vehicle under his/her own account and the management right of the pre-owner is to pay a certain amount of management expenses to the pre-owner company, the above entrustment contract is in the form of a contract in which the title trust and the delegation are combined (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010). As such, each party in the delegation contract may terminate the contract at any time (Article 689(1) of the Civil Act). At any time, the pre-owner, who holds the status of the delegated party and the title transfer registration procedure is sought.

The above facts of recognition are examined as above.