1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

1. Basic facts

A. On October 31, 2014, with respect to automobiles listed in the separate sheet (hereinafter “instant automobiles”), a new ownership registration was made in the name of the Republic of Korea on October 31, 2014, and C was awarded a successful bid on the following grounds: (a) the ordinary sale was conducted with an accident vehicle on March 2017.

B. After that, on February 12, 2018, the Plaintiff and C drafted a sales contract stating that they sell the instant motor vehicle to the Plaintiff, and on February 13, 2018, the transfer registration of ownership was completed in the Plaintiff’s future on the instant motor vehicle.

C. At present, the Defendant occupies the instant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the part of the claim for the delivery of the automobile, since the registration for the transfer of ownership was completed in the future of the plaintiff with respect to the automobile in this case, the owner of the automobile in this case shall be the plaintiff unless there are special circumstances. The defendant is obligated to deliver the automobile in this case to the plaintiff unless it proves that he has the right to possess the automobile

(2) As to the Defendant’s assertion, (A) the Defendant did not pay the purchase price to D, and completed the ownership transfer registration for the instant automobile without paying the purchase price, which constitutes a false declaration of conspiracy, but the Plaintiff did not pay the purchase price to D.

Even if such circumstance alone does not constitute a false declaration of conspiracy, the above argument is without merit.

(B) The Defendant purchased the instant vehicle from D from C, and the Plaintiff’s right transfer registration was completed immediately in the future. However, the sales contract was prepared between C and the Plaintiff, and the ownership transfer registration was completed accordingly, as seen earlier, the said assertion is without merit.

(C) The defendant registers the transfer of ownership as a commercial motor vehicle.