차량인도 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Defendant: (a) by deceiving D, a de facto spouse, who is a de facto spouse of the Plaintiff, was willing to agree with C in connection with the fraud criminal case; and (b) did not receive a written agreement from D after delivery of the instant motor vehicle from D; and (c) did not return it to the Plaintiff; and (d) sought compensation for damages against the impossibility of delivery and execution of the instant motor vehicle.
However, since the duty of delivery of goods is recognized only to a person who occupies the goods, it shall be proved that the defendant occupies the goods of this case in order to have the defendant deliver the automobile of this case. However, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant currently occupies the automobile of this case, and there is no other evidence to prove
Even according to the plaintiff's assertion, the defendant sold the automobile of this case to a third party. Thus, it is presumed that the automobile of this case was possessed by the third party, and even if the defendant received it from the plaintiff and kept it in custody before the towing, it cannot be viewed that it currently occupies it.
Therefore, all of the plaintiff's requests for extradition against the defendant and those claims premised on the defendant's obligation to deliver cannot be accepted.
The plaintiff's claim is dismissed.