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. Basic facts

A. On February 6, 2014, the Plaintiff, a used vehicle dealer, purchased in the name of the Plaintiff as to the automobiles listed in the separate sheet (hereinafter “instant automobiles”), and completed the ownership transfer registration. Around the 26th day of the same month, the Plaintiff borrowed KRW 35,000,000 from Hyundai Capital Capital Co., Ltd. and created a collateral security right on the instant automobiles in the future of Hyundai Capital Capital Co., Ltd.

B. On May 9, 2014, the Defendant: (a) purchased the instant vehicle from D and D, an employee of D, “C”, a used vehicle dealer; and (b) concluded a sales contract to sell BM 320i vehicles owned by the Defendant, instead of paying KRW 16,00,000, in lieu of payment of KRW 16,000.

C. According to the above sales contract, the Defendant transferred ownership of the instant vehicle to D on May 9, 2014, BMW 320i, and transferred KRW 42,600,000, the difference to the E’s account under the name of E designated by D. On the same day, the Defendant received the keys of the instant vehicle from D, and has been occupied and used until now.

However, after the registration of transfer in the name of the Plaintiff on February 6, 2014 with respect to the instant motor vehicle, the ownership was not changed until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 to 3 (including provisional number), witness D's testimony, the purport of the whole pleadings

2. Article 6 of the Automobile Management Act provides that "The acquisition, loss, and change of ownership of a motor vehicle shall take effect upon registration." According to the above facts, it is reasonable to deem the motor vehicle of this case to be owned by the plaintiff, and since the defendant occupies the motor vehicle of this case owned by the plaintiff, the defendant is obligated to deliver the motor vehicle of this case to the plaintiff, barring special circumstances.

3. Judgment on the defendant's assertion

A. F, the de facto operator of the Plaintiff, and D, who is the de facto operator of the Plaintiff’s assertion on the right of representation, are as follows.