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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. B Co., Ltd. (hereinafter “B”) is a company operating a trucking transport business with permission, and completed the transfer of ownership registration in the name of B on March 14, 2003 with respect to automobiles listed in the separate sheet (hereinafter “instant automobiles”).
B. B filed a lawsuit against the Plaintiff in Busan District Court seeking to take over the transfer of ownership registration procedure based on the termination of the entrustment contract with respect to the instant automobile. On December 7, 2016, the said court rendered a judgment by public notice (hereinafter “instant judgment”) with respect to accepting B’s claim on December 7, 2016.
(2016Gadan11839). However, in the part on the grounds of the judgment of the first instance, “B is a company operating a general trucking transport business, and the Plaintiff completed the transfer of ownership registration under the name of the Plaintiff on April 22, 2003 under the above entrustment contract, and carried out the management, etc. of the instant automobile.” However, in the part on the grounds of the judgment of December 26, 2016, the said court corrected “the entrustment contract with the Plaintiff on April 22, 2003” to “the entrustment contract under the above entrustment contract with the Plaintiff on March 23, 2004.”
(2016 Chicago284). (c)
The plaintiff filed a lawsuit against Busan District Court B seeking implementation of the procedure for the registration of transfer of ownership, which was based on the title trust and the termination of the entrustment contract, with respect to the instant motor vehicle. On June 15, 2017, the above court completed the registration of transfer of ownership in the name of B on March 14, 2003. On April 22, 2003, the above entrustment contract with C on the instant motor vehicle was concluded on April 22, 2003. The plaintiff succeeding to the status of C reverts to B on March 23, 2004, the ownership of the instant motor vehicle, which was in fact owned by the plaintiff, to B, and the plaintiff belongs to B until the replacement of the instant motor vehicle.