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(영문) 수원지방법원안산지원 2015.05.15 2014가단33307
자동차인도 등
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 addition to the purport of the entire pleadings as to the grounds of claim Gap's evidence Nos. 1 through 4, the plaintiff's lease period shall be from September 1, 2013 to October 1, 2013, and the term of lease shall be from September 1, 2013 to October 1, 2013, and the rent shall be renewed by the plaintiff's approval; the rent shall be 620,000 won per month; and the fact that the defendant currently occupies the motor vehicle can be recognized. Thus, the defendant is obligated to deliver the motor vehicle to the plaintiff, who is the owner, unless there are special circumstances.

2. The defendant's assertion argues that since the defendant lent money to B and received the delivery of the automobile of this case as security, he bona fide acquired the right of pledge on the automobile of this case.

However, an automobile can only be the object of a mortgage in accordance with Article 9 of the Act on Mortgage on Motor Vehicles and other Specific Movables, but cannot be the object of a pledge, which is a real right with the content of securing possession for the security of the claim. Therefore, the above assertion by the defendant is rejected on a different premise.

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

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