자동차인도 등
1. The defendant (Appointed) shall deliver to the plaintiff the motor vehicle indicated in the attached Form.
2. The selector.
1. Basic facts
A. The Plaintiff is the owner of a motor vehicle indicated in the attached Form (hereinafter “the instant motor vehicle”), and the Appointor is the representative of the lending enterprise of “D”, and the Defendant (Appointed Party) (hereinafter “Defendant”) is the actual manager of the said D.
B. On January 201, 201, the Plaintiff used the instant motor vehicle to purchase the instant motor vehicle to E, her husband, and issued his/her identification card and seal imprint.
C. On January 5, 2011, E purchased the instant motor vehicle on behalf of the Plaintiff, and on the same day from the Defendant, E drafted a loan transaction agreement between the Plaintiff and the Appointor (on January 4, 2012, the expiry date of the loan), a mortgage contract, a letter of delegation of powers (hereinafter “each of the instant documents”).
E entered the name of the plaintiff in each of the above contracts, letter of delegation, collateral security holders, and mandators, and affixed the Plaintiff’s seal impression.
On January 7, 2011, the designated person submitted the document to establish the right to collateral security and the power of attorney, and made a registration of establishment of collateral security C with respect to the instant motor vehicle upon the Government’s receipt of the registration office of the motor vehicle at the time of the Government (hereinafter “instant collateral security”).
E. Since then, E did not pay the principal and interest of the above loan obligation, and delivered the instant automobile to the Defendant according to the loan agreement.
F. On August 26, 2013, the Plaintiff filed a complaint against the Defendant on the charge that the Defendant conspiredd with E to forge a loan transaction agreement and registered as the collateral security of the instant case, and the Defendant was subject to a disposition by the Seoul Northern District Prosecutors’ Office without suspicion (Evidence of Evidence).
G. Meanwhile, the Plaintiff and E were divorced on November 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 8, the purport of the whole pleadings
2. Determination on requests for delivery of the instant automobile and on the cancellation of the registration of creation of the instant collateral security
A. The instant case.