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(영문) 대구지방법원 2015.09.11 2015가단11288
자동차소유권이전등록절차이행
Text

1. The Defendant terminated the entrustment management contract on April 6, 2015 with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On February 1, 2001, the Plaintiff is a truck listed in the separate sheet owned by the Defendant and the Plaintiff on February 1, 2001 (hereinafter “instant vehicle”).

(B) The registration of ownership on B owned by the Defendant, and the entrustment management contract under which the Defendant is obliged to pay monthly management expenses, insurance premiums, etc. to the Defendant while operating an automobile upon entrustment with the Defendant’s right to operate and manage the automobile (hereinafter “instant entrustment management contract”).

(2) On February 6, 201, the copy of the complaint of this case, on April 6, 201, stating the Plaintiff’s declaration of intent to terminate the entrusted management contract of this case, was delivered to the Defendant on February 28, 2001.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

B. According to the above findings of determination, the above entrustment management contract of this case is in the form of a mixed contract with the elements of the title trust and the delegation, which the plaintiff externally entrusts the ownership of the motor vehicle of this case to the defendant and vests in the defendant's ownership and operation management rights. At home, the plaintiff, the actual borrower of the motor vehicle of this case, who is entrusted with his own operation management rights and is entrusted with the defendant to manage the motor vehicle of this case under his own independent account, and the fees for using the defendant's freight trucking services and the management fees every month for performing external management affairs such as paying taxes and public charges on the motor vehicle by the defendant, etc.

Therefore, the above entrustment management contract of this case was legally terminated on April 6, 2015, which is the delivery date of a copy of the complaint of this case, and thus, the defendant is a special reason.

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