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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. Determination as to the cause of claim
(a) The following facts may be admitted by each entry in Gap 1, 2, 2, and 4, unless there is a dispute between the parties or by entry in Gap 1, 2, 2, and 4:
① On August 18, 2016, the Plaintiff completed the registration of ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).
② On April 11, 2017, C borrowed KRW 7 million as security the instant vehicle owned by the Plaintiff from the Defendant who operates the pawned Hall.
③ The Defendant has taken over the instant vehicle from C and has possessed it up to now.
④ The Plaintiff filed a complaint with C on suspicion of theft of the instant vehicle.
B. According to the above facts, the defendant is obligated to deliver the above automobile to the plaintiff, the owner of the instant vehicle, unless there are special circumstances.
2. The defendant's assertion concerning the defendant asserts that C is between the plaintiff and the husband and wife, and the defendant is the actual owner of the instant vehicle, and the defendant legitimately occupies the instant vehicle by being delivered by C as a security for the borrowed money, so it is impossible to respond to the plaintiff's claim.
However, the Plaintiff alleged that the relationship with C was broken down and did not actually lead to a real marital life, and it is insufficient to recognize that only the descriptions and images of the evidence Nos. 1 and 3 submitted by the Defendant had a legitimate authority to dispose of the instant vehicle to C, and there is no other evidence to acknowledge this otherwise.
In addition, a motor vehicle can only be the object of the mortgage stipulated in the Act on Mortgage on Specific Movables such as Motor Vehicles, but can not be the object of pledge by securing only possession without registration for securing the claim.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.