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(영문) 대구지방법원의성지원 2015.11.30 2015가단1446
자동차인도 청구의소
Text

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...

Reasons

1. In full view of the purport of the entire arguments in Gap evidence Nos. 1 and 4 as to the purport of the claim, the automobiles listed in the separate sheet (hereinafter referred to as the "automobile of this case") are owned by the plaintiff. Since it can be recognized that the defendant possessed the automobile of this case, the defendant is obligated to deliver the automobile of this case to the plaintiff.

2. The defendant's assertion is alleged to the effect that the defendant has the right to possess the automobile of this case in accordance with the obligation and obligation relationship with the plaintiff as to the automobile of this case. However, since the automobile can only be the object of mortgage pursuant to Article 9 of the Act on Mortgage on Specific Movables such as Motor Vehicles, and it cannot be the object of pledge, which is a real right to secure possession for the security of claims, an agreement between the defendant and the defendant who possesses the automobile of this case by causing the defendant who is the creditor of this case to occupy the automobile of this case to secure the obligation is null and void, and as long as the defendant did not complete the transfer of ownership as to the automobile of

Therefore, the defendant's above assertion that the defendant has legitimate right to possess the automobile of this case is not justified.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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