(영문) 수원지방법원 안양지원 2013.12.27. 선고 2013가합101390 판결

1. At the same time, the Defendant received KRW 3,240,000 from the Plaintiff, and at the same time implement the procedure for ownership transfer registration due to the termination of the title trust as of July 25, 2013.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the defendant.

The defendant will implement the procedure for the registration of transfer of ownership on the ground of the termination of title trust with respect to the motor vehicles listed in the attached list (hereinafter referred to as the "motor vehicles of this case").

Reasons

1. Determination on the cause of the claim

The defendant is a company incorporated for the purpose of automobile rental business, etc., and the registration name of the plaintiff with respect to the motor vehicle owned by the defendant and the plaintiff shall be the defendant on January 2010, and the plaintiff shall pay 30,000 won per month as management fee per motor vehicle in the course of operating the motor vehicle rental business using the motor vehicle externally. The plaintiff's motor vehicle registered in the name of the defendant is not a dispute between the parties or can be acknowledged by considering the whole purport of the arguments in the items of evidence A No. 1, 2, and 3.

According to the above facts of recognition, the Plaintiff trusted the instant motor vehicle to the Defendant, and the instant complaint stating the Plaintiff’s declaration of intent to terminate the title trust was served on the Defendant on July 25, 2013, and the Defendant, barring any special circumstance, is obligated to implement the procedure for ownership transfer registration on the instant motor vehicle as the ground of termination of the title trust on July 25, 2013.

2. Judgment on the defendant's assertion

Therefore, the defendant asserts that it cannot accept the claim of this case from the plaintiff until the late payment of the overdue management expenses for the motor vehicle of this case is made. In light of the purport of the argument No. 3, the plaintiff can recognize the fact that the management expenses to be paid to the defendant are 1,080,000 per month. As such, the plaintiff is obligated to pay 3,240,000 won for the management expenses for the motor vehicle of this case from July 1, 2013, the day following the end of the period when the defendant was paid the management expenses to the defendant, as the defendant's business office was closed, to September 1, 2013. Thus, it is reasonable to view that the obligation of the business operator to pay the transfer of ownership following the termination of the title trust agreement for the motor vehicle of this case and the obligation to pay the overdue management expenses of the owner of the motor vehicle of this case to the plaintiff as to the motor vehicle of this case has concurrent relation (see Supreme Court Decision 2011Da39793, Nov. 29, 2013).

3. Conclusion

Therefore, the claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Kim Jong-young

Judges Park Il-young

Judges Hong-man

Attached Form

A person shall be appointed.

참조판례

-대법원 2012.11.29.선고 2011다39793 판결

유사 판례

-수원지방법원 안양지원 2013.12.27. 선고 2013가합101390 판결

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