1. The defendant is not capable of delivering the motor vehicle indicated in the attached Form to the plaintiff and executing the delivery of the motor vehicle.

1. Basic facts

A. On May 30, 2014, the Plaintiff entered into a lease agreement with the NAF Capital Co., Ltd. and operated the instant vehicle for 36 months during the period of use.

B. On April 21, 2016, the Plaintiff concluded a repair contract with C on the instant vehicle and delivered the instant vehicle during the repair period by July 31, 2016, and paid KRW 23,000,000 as part cost on April 21, 2016, but C did not return the instant vehicle even after the said repair period expired.

C. On February 9, 2017, the Defendant purchased the instant vehicle in KRW 32,00,000 by means of D’s brokerage, and until now, stored the instant vehicle.

On May 23, 2017, the Plaintiff filed a complaint with C for embezzlement (Seoul Dong District Prosecutors' Office 2017 type No. 20436), but the indictment was suspended.

E. On July 4, 2017, after the termination of the above lease contract, the Plaintiff acquired the ownership of the instant vehicle from the NH Capital Capital Co., Ltd., and the value of the instant vehicle is KRW 43,551,259.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff is the owner of the instant vehicle, and the Defendant is the owner of the instant vehicle without permission, and thus, if it is impossible to deliver the instant vehicle, the Plaintiff shall deliver the instant vehicle to the Plaintiff and pay damages for delay calculated at the rate of 15% per annum from the day following the delivery of the instant complaint to the day of complete payment.

B. In addition, the Defendant, without any title, obtained unjust enrichment equivalent to the rental fee of 400,000 per day by driving the instant vehicle without title, and thus, from the date the Plaintiff acquired the ownership of the instant vehicle to the time the Defendant transferred the instant vehicle to the Plaintiff.

C. Meanwhile, even if the operation of the instant vehicle is impossible, it is occupied by the Defendant without permission.