A. On March 8, 2017, the Plaintiff completed and owned the ownership transfer registration of thekive tea listed in the separate sheet (hereinafter “kivekive tea”).

B. On May 2018, the Plaintiff offered a loan for use to the limited company C by lending the instant vehicle to the Plaintiff.

C. D Co., a creditor of D Co., Ltd., filed a voluntary auction on the F&M factories and machinery equipment in the Jeon-gun F&C, Jeonnam-gun, Gwangju District Court, and during the auction process, D Co., Ltd purchased limited liability C factories and machinery and appliances, but did not include the instant car in the auction list.

D Co., Ltd., the Defendant, from May 2018, has been using the instant car in the F-gun of Hapong-gun F Co., Ltd., the D Co., Ltd. was awarded a bid.

E. Among them, D Co., Ltd, the Plaintiff’s creditor, applied for compulsory auction on the construction machinery owned by the Plaintiff, including the instant vehicle for having to be held as YY G in the Gwangju District Court, and on April 24, 2020, the Plaintiff lost its ownership due to the bid of the instant car during the said auction procedure.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, Eul evidence 2-1, 2, Gap evidence 6, Gap evidence 7-1, 2, Gap evidence 9-1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, without title, is obligated to deliver the instant vehicle to the Plaintiff, because the Plaintiff used the instant vehicle owned by the Plaintiff without title to obtain profits therefrom and inflict losses on the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the amount calculated by applying the rate of KRW 14,00,000 per month to the unjust enrichment equivalent to the rent for the instant vehicle from June 1, 2018 to July 31, 2019, and the amount of KRW 14,00,000 per annum from August 1, 2019 to the completion date of the instant vehicle delivery.

(b).