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(영문) 서울중앙지방법원 2015.08.12 2015가단5008745
소유권이전등록
Text

1. Defendant A terminated the consignment management contract as of March 23, 2015 with respect to the motor vehicles listed in attached Form 1 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 24, 2011, the Plaintiff entered into an entrustment management agreement with Defendant A with the content that the ownership of the motor vehicle indicated in attached Table 1 reverts to the Plaintiff and that Defendant A would pay a certain amount of management expenses to the Plaintiff while operating the motor vehicle upon entrustment by the Plaintiff, and bear the liability to pay taxes, public charges, insurance premiums, penalties, etc., and completed the transfer of ownership in the name of the Plaintiff with respect to the said motor vehicle.

[Grounds for Recognition] The deemed confession under Article 150 of the Civil Procedure Act

B. On August 4, 2009, the Plaintiff entered into an entrustment management agreement with Defendant B, stating that the ownership of the automobile indicated in the attached Table 2 reverts to the Plaintiff, and that Defendant B would pay a certain amount of management expenses (150,000 won by raising the amount of KRW 140,00 per month and KRW 10,000 per year after 1 year of the contract) to the Plaintiff while operating the said automobile upon entrustment by the Plaintiff, and that Defendant B would pay a certain amount of management expenses (150,000 won by raising the amount of KRW 140,00) to the Plaintiff, and completed the transfer of ownership in the name

(2) Defendant B’s entrusted management expenses, etc. payable to the Plaintiff under the above entrusted management contract are KRW 25,187,820 as of December 1, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 5 through 7, the purport of the whole pleadings

2. According to the above facts of recognition, each of the instant consignment management contracts is registered in the name of the Plaintiff in the name of the Plaintiff and vests in the Plaintiff’s ownership and operation management rights. In the inside of the country, the Defendants are entrusted with the Plaintiff with their own operation management rights and managed under their own independent accounts, and are engaged in external management affairs, such as fees for the use of the Plaintiff’s trucking transport business name and payment of taxes, public charges, etc. by the Plaintiff.

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