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

A. On August 2, 2010, the Defendant entered into a lease agreement with D Co., Ltd. (hereinafter “D”) on the following (hereinafter “instant automobile”), with the consent of C, with the lease fee of KRW 4.190,000 per month and the lease period of KRW 36 months (hereinafter “instant lease agreement”), and operated the instant automobile from around that time.

B. Around August 2012, the Defendant succeeded to the status of the instant lease agreement under the Plaintiff’s name, and the Defendant agreed to operate the instant automobile (hereinafter “instant agreement”) by bearing all expenses, such as lease fees, etc.

The Plaintiff agreed with D on August 2, 2012 to succeed to the status of C under the instant lease agreement pursuant to the instant agreement.

C. The Defendant failed to pay the lease fees under the instant lease agreement, and the Plaintiff was registered as a transfer of ownership on the instant automobile from D on August 19, 2013, the expiration date of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. While entering into the instant agreement with the Defendant, the Plaintiff agreed that the Plaintiff shall have the authority to recover and dispose of the instant motor vehicle, if the Defendant did not pay rent twice.

However, since the Defendant failed to pay rent more than twice, and the Plaintiff repaid it on behalf of the Plaintiff and completed the transfer registration of ownership on the instant automobile, the ownership of the instant automobile is owned by the Plaintiff.

Therefore, the Defendant, the possessor of the instant vehicle, is obligated to deliver the instant vehicle to the Plaintiff, the owner.

B. The Defendant concluded the instant agreement with the Plaintiff on the sole basis of the descriptions of the evidence Nos. 3-1 and 2, and the Defendant paid twice the lease fee.