자동차인도
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 cause of the claim Gap's evidence No. 1 and No. 6, it can be acknowledged that the defendant occupied the motor vehicle listed in the separate sheet owned by the plaintiff (hereinafter "the motor vehicle of this case").
The Defendant is obligated to deliver the instant automobile to the Plaintiff as the owner.
2. Judgment on the defendant's assertion
A. The plaintiff alleged that the plaintiff delivered to B documents such as a certificate of automobile transfer, power of attorney, certified transcript of corporate register, certificate of corporate seal impression, etc. to sell and purchase the automobile of this case or establish mortgage on the automobile of this case. The defendant received the above documents through C and D, and received the transfer of the automobile of this case after the creation of security and mortgage on the automobile of this case
② Even if the Plaintiff did not delegate the right of transfer for security and establishment of mortgage on the instant automobile to B, C, D and the Defendant knowingly purchased the instant automobile or obtained the transfer for security and establishment of mortgage by acquiring the said documents, and thus, the disposal of the instant automobile constitutes an expression agent under Article 125 or 126 of the Civil Act.
B. Determination 1) The Plaintiff purchased the instant motor vehicle with the main line of March 25, 2010, but demanded B to sell the instant motor vehicle due to complaints arising from the repair of the motor vehicle, etc., and entrusted B with the instant motor vehicle.
B) B offered the instant automobile as security and received KRW 31.5 million from C on July 28, 2010, along with the certificate of automobile transfer, power of attorney, certified transcript of corporate register, and certificate of corporate seal impression received from the Plaintiff. C, along with the above documents, offered the instant automobile to D as security and received KRW 5 million, and the Defendant accepted the instant automobile and documents while settling a partial claim against D. D. The instant automobile was the Plaintiff on March 25, 2010.