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1. The Defendant is as of October 15, 2016 regarding each vehicle listed in the separate sheet 1 through 19 list from the Plaintiff.
Reasons
The Defendant: (a) registered each of the vehicles indicated in the order owned by the Plaintiff and the Defendant (hereinafter “each of the instant vehicles”) in the name of the Plaintiff and reverted ownership and operation management rights to the Plaintiff; (b) entered into a contract under which the Defendant was entrusted with independent operation management rights from the Plaintiff and managed under the Defendant’s independent calculation (hereinafter “instant contract”); (c) completed the transfer of ownership in the name of the Plaintiff with respect to each of the instant vehicles; and (d) the duplicate of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant contract with the Defendant on October 15, 2016, may be recognized by comprehensively taking account of the absence of dispute between the parties, or the overall purport of each of the entries and arguments stated in subparagraphs A through 6,
The instant contract between the original Defendant is a form of contract in which title trust and delegation elements are combined (see Supreme Court Decision 2009Da71534, 71541, Feb. 11, 2010). Since the instant contract was terminated on October 15, 2016, which served on the Defendant a duplicate of the complaint in which the declaration of intent to terminate the instant contract was indicated, the instant contract was terminated, the Defendant is obligated to take over from the Plaintiff the procedure for ownership transfer registration on the instant vehicle due to the termination of the instant contract as of June 15, 2016, namely, the transfer registration under the Defendant’s name.
Although the defendant asserts that the representative director B is the actual operator of the plaintiff, the defendant's claim cannot be an obstacle to recognizing the plaintiff's claim just because the defendant asserts that he is the defendant.
The plaintiff's claim is accepted.