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(영문) 대구지방법원 2016.09.21 2016가단1318
자동차소유권이전등록절차이행
Text

1. The defendant shall receive KRW 1,528,00 from the plaintiff at the same time, and at the same time, the plaintiff shall be entered in the attached list.

Reasons

1. Facts without dispute;

A. On February 1, 2002, the Plaintiff acquired an automobile indicated in the separate sheet (hereinafter “instant cargo vehicle”) in the name of the Defendant, which is the trucking transport business operator, in the name of the Defendant, and paid the entrusted management expenses to the Defendant. The Plaintiff entered into an entrustment management contract with the content that the Plaintiff would decide to operate and manage the instant vehicle (hereinafter “instant entrusted management contract”).

B. On March 9, 2016, the Plaintiff expressed his/her intent to terminate the instant consignment management contract by serving the instant complaint with the Defendant, as the Plaintiff was entitled to apply for the license of the freight trucking services directly due to the amendment of the statutes.

2. Determination:

A. The above consignment management contract of this case externally delegates the name of the truck in this case to the Defendant and vests its ownership and operation management right. In general, the Plaintiff, the title truster, at any time, may terminate the above consignment management contract of this case, because it is a combination of the title trust and the elements of delegation with the purport of paying a certain amount of entrusted management expenses every month as remuneration for the Plaintiff operating and managing the truck in this case on its own account by being entrusted with the operation and management right of the truck in this case, and managing the truck in this case on its own account, and as remuneration for the Defendant to handle external management affairs, such as paying taxes and public charges on behalf of the Defendant.

Therefore, as acknowledged earlier, the complaint containing an expression of intent to terminate the above consignment management contract of this case was delivered to the defendant on March 9, 2016, and the contract was lawfully terminated. Thus, the defendant is obligated to implement the transfer registration procedure for the cargo of this case on the ground of termination of the above consignment management contract as to the cargo of this case as the restoration to its original state, barring special circumstances.

B. Determination of the Defendant’s assertion

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