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(영문) 울산지방법원 2014.10.15 2014가단11627
자동차소유권이전등록신청절차인수 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2007, the Plaintiff entered into an entrustment management contract with Defendant B and Tracers (hereinafter “instant Tracers”) on the title of ownership as to the instant Tracers as indicated in the attached sheet (hereinafter “instant Tracers”). The title of ownership and the right to operate and manage the instant Tracers as the Plaintiff externally belongs to the Plaintiff, while the Defendant, who is the borrower, entrusted with his own operation and management right to operate and manage the instant Tracers on his own account, provided that management expenses, taxes, public charges, insurance premiums, etc. shall be paid to the Plaintiff while operating and managing the instant Tracers on his own account. Around that time, the Plaintiff registered the transfer of the instant Tracers as the Plaintiff.

B. On August 6, 2010, the Plaintiff transferred the ownership and freight trucking services of the instant fleet to a non-party corporation (hereinafter “instant transfer contract”) without obtaining the consent of the Defendant to the non-party corporation (hereinafter “non-party corporation”), and the instant fleet was completed the registration of transfer of ownership in the future of the Ansan corporation.

C. The Traler of this case is merely an incidental device towing with non-powered vehicles as Trackers, and the defendant is leaving the instant Tracers alone after the conclusion of the transfer contract of this case.

[Reasons for Recognition] The facts without dispute, Eul 1, 4, 5, and 6-3 of evidence, the whole purport of the pleading

2. Determination as to the cause of claim

A. On June 1, 2010, the Plaintiff asserted that the Plaintiff entered into an entrustment management agreement with the Defendant to pay management expenses in the amount of 80,000 each month for the instant resort (hereinafter “instant entrustment agreement”), and the Defendant did not pay management expenses to the Plaintiff.

On February 20, 2014, the Plaintiff expressed to the Defendant the intent to terminate the instant consignment contract on the grounds that management expenses are not paid. The instant consignment contract was terminated.

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