자동차인도
1. The Defendants shall deliver to the Plaintiff the vehicles listed in the attached Form.
2. The costs of lawsuit are assessed against the Defendants.
3...
1. The Plaintiff, who completed the registration of ownership of the motor vehicle indicated in the separate sheet on the ground of the claim (hereinafter “the instant motor vehicle”), entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on October 4, 201, stipulating that the said motor vehicle will be leased at KRW 1,518,000 per month for 60 months. However, the fact that the said lease agreement was terminated as the Defendant Co., Ltd did not pay rent from January 2012. However, the fact that the Defendant B occupied and used the said motor vehicle is not disputed between the parties or is recognized in accordance with the evidence Nos. 1, 2, and 3, barring any special circumstance, the Defendant Co., Ltd. is obligated to deliver the instant motor vehicle to the Plaintiff following the termination of the said lease agreement, and Defendant B, as a direct possessor of the said motor vehicle, is obligated to deliver the said motor vehicle to
2. Determination as to Defendant B’s defense
A. The gist of the argument lies in: (a) the Defendant lent KRW 22.5 million to C; and (b) obtained the instant vehicle from the Defendant Company as a security; and (c) the Defendant asserted to the effect that there exists a legitimate title to possess the instant vehicle.
B. (1) According to the overall purport of the statements and arguments in the evidence Nos. 2 through 14, Defendant B, the representative director of the Defendant Company, on March 23, 2013, transferred KRW 22,50,000 to the national bank account in the name of C after obtaining documents, such as a written agreement of loans under the name of the Defendant Company, letter of credit transfer, letter of delegation of automobile transfer, letter of delegation of automobile transfer, letter of delegation of automobile mortgage, proxy contract, certificate of automobile transfer, certificate of personal seal impression, and the fact that Defendant B occupied the instant vehicle for the purpose of securing the above loan.
(2) However, in accordance with Article 9 of the Mortgage Act on Mortgage on Motor Vehicles and other Specific Movables, motor vehicles can only become the subject matter of mortgage and cannot be the subject matter of pledge, which is a real right with the purport of securing possession for the security of claims.
These regulations shall be motor vehicles registered.