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1. The Plaintiff:
A. Defendant B’s KRW 10,00,000 and for this, KRW 5% per annum from November 11, 2013 to January 30, 2016.
Reasons
1. Determination as to the cause of claim
A. On November 2013, 2013, the Plaintiff, as the owner of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”), requested Defendant B to verify the market price of the instant motor vehicle.
However, Defendant B sold the instant vehicle to Defendant C without any authority on November 11, 2013, and Defendant C occupied the instant vehicle from that time until then.
From around that time to August 2015, the Plaintiff paid KRW 25,386,690 in total to Han Capital Co., Ltd.
Therefore, Defendant C, the possessor who is not entitled to possess, has a duty to deliver the instant vehicle to the Plaintiff, the owner, and the Defendants, the joint tortfeasor, are obligated to pay KRW 10,000,000 and damages for delay as claimed by the Plaintiff as damages.
B. Article 6 of the Automobile Management Act provides that "The acquisition, loss, or change of ownership of a motor vehicle shall take effect upon registration." Thus, the motor vehicle shall have the ownership transfer registration as well as the juristic act that transfers ownership as real estate and shall take effect upon the registration of ownership transfer transfer, which is a public announcement method.
In addition to the written evidence Nos. 1 through 3, the Plaintiff purchased the instant vehicle and completed the registration of transfer of ownership to the Plaintiff’s name on January 9, 2013, and the Plaintiff asked Defendant B to inquire about the market price of the instant vehicle on November 201, 2013, and delivered the instant vehicle and its keys to Defendant B, without the Plaintiff’s consent, on November 11, 2013, and Defendant B sold the instant vehicle to Defendant C at KRW 21,00,000 and delivered the instant vehicle to Defendant C at the front of the Seocho-gu Seoul, Yangcheon-gu, Seoul, and without the Plaintiff’s consent. Defendant C occupies the instant vehicle from that time to that time.