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(영문) 서울남부지방법원 2015.04.08 2014가단67588
소유권이전등록
Text

1. On September 15, 2014, the Defendant caused the termination of the entrustment contract with respect to the motor vehicles listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an entrustment contract (hereinafter “instant contract”) with respect to a motor vehicle as indicated in the separate sheet, which is its own owner (hereinafter “the instant motor vehicle”), with the name of the motor vehicle owner registered in the Defendant’s future, to operate the instant motor vehicle upon being entrusted with the operation and management right by the Defendant, but to pay the fare, etc. to the Defendant.

B. The Plaintiff expressed to the Defendant the intent to terminate the instant contract by serving a duplicate of the instant complaint, and the duplicate of the complaint reached the Defendant on September 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The instant contract is a type of contract in which the elements of title trust and delegation are combined, and the Plaintiff, at any time, in the position of the delegating and the title truster, is in the position to terminate the contract and restore ownership to the motor vehicle (see, e.g., Supreme Court Decision 97Da29479, Nov. 11, 197). As long as the duplicate of the instant complaint indicating the intent to terminate the contract was served on the Defendant, the Defendant is obligated to implement the procedures for ownership transfer registration on the instant motor vehicle upon the termination of the entrustment contract.

B. As to the Defendant’s argument, the Defendant’s determination on the absence of the right to terminate the contract is accompanied by the permission or increase of the trucking transport business under Article 3(5)1 of the Addenda of the Trucking Transport Business Act (hereinafter “instant Act”) from December 31, 2004 among the persons entrusted with trucking transport business by a truck under title trust with a person operating a trucking transport business at the time of the promulgation of the instant Act.

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