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1. The defendant shall be the plaintiff.
(a) deliver a motor vehicle listed in the separate sheet;
(b) KRW 14,903,960 and this shall be applicable thereto.
Reasons
1. On March 25, 2011, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) in KRW 41,903,960 and completed new registration in the name of the Plaintiff. The fact that the Defendant occupied and used the instant motor vehicle from the time of the said new registration to the time of its initial registration is not disputed between the parties, or that the Defendant occupied and used the instant motor vehicle from the time of the said new registration may be recognized by comprehensively taking account of the respective entries in Gap 1 to 4, 6, 12, and Eul evidence
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the motor vehicle of this case to the plaintiff, and pay unjust enrichment or losses from the possession and use of the motor vehicle of this case, unless there are special circumstances.
B. The Defendant’s assertion 1) asserted that the Defendant had a claim exceeding KRW 40 million in total, including loan claims, against C, which had been the former representative director of the Plaintiff. However, on March 201, the Defendant: (a) transferred the instant vehicle to the Defendant as the repayment of the said claim; (b) first, registered the instant vehicle in the name of the Plaintiff; and (c) ordered the change of the name in the name of the Defendant around November 201 (in light of the note B, it appears to the purport that the said agreement was made by the Plaintiff as the Plaintiff’s act.
(2) The Defendant could not have known that the transfer of the instant automobile by C, the representative director of the Plaintiff, was an abuse of the power of representation. Accordingly, the Defendant is the owner of the instant automobile that was transferred by the Plaintiff, and there is no reason to return the instant automobile to the Plaintiff, or to pay for the return of unjust enrichment from the use of the instant automobile without permission, or to compensate for damages. 2) Accordingly, the Plaintiff is deemed to have agreed to transfer the instant automobile to
According to the statement No. 4, it is recognized that a policeman C was the representative director of the plaintiff on March 201.
However, the above C is the representative director of the plaintiff and C's business performance.