1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. In a case where an owner of a vehicle and an automobile transport business operator externally trust the name of the vehicle in his/her possession to a vehicle transport business operator (hereinafter referred to as a “road transport business operator”), and the ownership and the right to manage the vehicle in his/her possession is vested in the company where the ownership and the right to manage the vehicle are vested. In a case where the “vehicle management contract” is entered into between the owner of the vehicle and the automobile transport business operator with the intent to pay a certain amount of management expenses to the company to which the vehicle belongs in his/her own account upon entrustment of the right to manage the vehicle in his/her own account, it is a form of a contract in which the title trust and the delegation are combined. As such, upon the termination of the above contract, the land owner may claim for the return of the trust property to the land owner as the performance of the liquidation obligation following the termination of the title trust.

(See Supreme Court Decision 2009Da71534 Decided February 11, 2010). B.

According to the above facts, the above entrustment management contract of this case was newly registered in the name of the defendant in the name of the plaintiff, and the ownership, operation, and management rights are vested in the defendant. In the inside, the borrower is entrusted with his/her own operation and management rights and the defendant is entrusted with his/her own independent account and operated and managed with his/her own operation and management rights, and the user fees for using the defendant's registered name of freight trucking services and the defendant's external management affairs such as paying taxes and public charges imposed on the motor vehicle of this case on the defendant.