1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the separate sheet;

(b) KRW 7,490,000 and as regards this,

1. Facts of recognition;

A. On June 2016, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) in the name of Dong C in the name of Dong C and completed the registration of ownership in the name of C.

B. Around May 2017, the Plaintiff requested D to sell the instant motor vehicle.

C. D, while keeping the instant vehicle, borrowed money from the Defendant around June 2017, and transferred the instant vehicle to the Defendant as a collateral.

The defendant is occupying and using the automobile of this case from around that time.

E. D. The above is D.

The above judgment became final and conclusive due to the dismissal of the appeal of D, which was sentenced to imprisonment for embezzlement, etc. (this Court 2017 High Court Decision 2017 High Court Decision 904).

[Reasons for Recognition] Facts without dispute, obvious facts of business operation in this court, entry of Gap 1 through 9, and evidence 12, the purport of the whole pleadings

2. The judgment on the cause of the claim or the acquisition, loss, or change of ownership of a motor vehicle or a mid-term (or construction machinery) shall become effective by registering the acquisition, loss, or change of ownership of a motor vehicle or a mid-term (or construction machinery) and, in principle, it is not possible to acquire ownership not only in the external relationship, but also in the internal relationship between the parties, unless the registration is made. However, in cases where there are special circumstances, such as where the parties

(See Supreme Court Decision 2006Do4498 Decided November 1, 2007). In light of the above legal principles, the Plaintiff agreed to hold ownership with C, a title trustee, as the actual owner of the instant automobile, according to the health stand and the above fact of recognition.

As such, the plaintiff has the right to seek delivery of the motor vehicle of this case as a exclusion of interference based on ownership by subrogation, who is the registered titleholder, in accordance with the above agreement.

Therefore, the defendant raises objection to the plaintiff.