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(영문) 서울중앙지방법원 2018.09.20 2017가단5183275
자동차인도청구의 소
Text

1. The defendant shall deliver the motor vehicle listed in the attached Form 2 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination as to the cause of claim

A. The gist of the parties' assertion is the cause of the claim in this case, and as shown in the separate sheet No. 1, the management lease agreement with Nonparty D on an automobile listed in the separate sheet No. 2 (hereinafter "the instant automobile") (hereinafter "the instant lease agreement") was terminated due to the loss of interest due to reasons such as default of D's lease fees, etc., but the Defendant claims the delivery of the instant automobile on the ground that it occupied the instant automobile without permission. As the Defendant occupied the instant automobile by succession to the instant lease contract after D's death and paid the lease fees, it is argued to the effect that the Plaintiff did not have any obligation to return the instant automobile.

B. In full view of the statements and the purport of the whole arguments in Gap evidence Nos. 1 through 7, the lease contract of this case was lawfully terminated as alleged by the plaintiff, and the defendant is recognized as possessing the automobile of this case without obtaining prior consent of the plaintiff or succession to the lease contract of this case. Thus, the defendant is obligated to deliver the automobile of this case to the plaintiff, barring any special circumstances. 2) Accordingly, the defendant asserts that there is a legitimate right to possess the automobile of this case on the ground that he succeeded to the lease contract of this case or paid the lease fees as above. However, there is no evidence to acknowledge this.

Therefore, the defendant's above assertion is without merit.

2. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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