유체동산인도
1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff entered into a lease agreement with the KF Capital Capital Co., Ltd. (hereinafter “Nonindicted Company”) and with respect to the automobiles listed in the separate sheet owned by the Nonparty Company (hereinafter “instant automobiles”) until July 27, 2019 (hereinafter “instant lease agreement”), and the fact that the Defendant currently occupies and uses the instant automobiles can be acknowledged. Accordingly, the Plaintiff is entitled to use and benefit from the instant automobile under the instant lease agreement.
Therefore, the defendant is obligated to deliver the automobile of this case to the plaintiff as the plaintiff seeks by subrogation of the non-party company.
2. Judgment on the defendant's assertion
A. The defendant's claim for the lease fees specified in the contract of this case is paid by the defendant's spouse B. Since B grants the defendant the right to use the automobile of this case, the defendant eventually occupies and uses the automobile of this case based on legitimate title. The plaintiff's request for extradition is without merit.
B. The statement of No. 1 of the judgment alone is insufficient to recognize the defendant's above assertion, and there is no other evidence to acknowledge it, as well as the parties to the lease contract of this case are the plaintiff who is not B, and there is no authority for B to grant the defendant the right to use the automobile of this case. Thus, the defendant's above assertion does not appear to be any mother or is without merit
3. Therefore, the plaintiff's claim is accepted on the ground of the reasons.