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(영문) 의정부지방법원 2014.01.14 2013가단5565
자동차인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the annex;

B. 14,160 won and as regards this, December 25, 2013

Reasons

1. Basic facts

A. On March 201, the Plaintiff concluded a motor vehicle leasing agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) on the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”) under the Plaintiff’s name, and agreed to bear the leasing charges, etc. by the Nonparty Company.

B. On March 17, 2011, the Plaintiff entered into a lease agreement with the Korea Social Services Korea Co., Ltd. on the instant vehicle, and delivered the said vehicle to the Nonparty Company on April 14, 201.

C. However, on April 14, 201, the non-party company ordered the defendant to deliver the instant vehicle to the defendant under the condition that the non-party company would pay the rent once again, and thereafter, the defendant uses it.

On July 26, 2011, the Plaintiff filed a lawsuit against the non-party company seeking payment of the lease fees of KRW 7,887,504 in arrears as of July 26, 201, and KRW 17,893,104 in total (Seoul East District Court 2012dan50682) (Seoul Eastern District Court 201Dadan50682) and received a favorable judgment on November 8, 2012, and the said judgment became final and conclusive around that time.

E. On November 26, 2013, the Plaintiff paid the lease fees to the Social Services Korea Co., Ltd., Ltd., and completed the transfer of ownership on the instant motor vehicle.

[Ground of recognition] The fact that there is no dispute, Gap evidence 7-1, 11, 12, 13, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the facts of recognition prior to the determination on the request for delivery of a motor vehicle, the Plaintiff, as the owner of the motor vehicle of this case, may request the Defendant who occupies and uses the motor vehicle of this case, and the Defendant shall deliver the motor vehicle of this case to the Plaintiff, barring special circumstances

On the other hand, the defendant actually purchased the instant vehicle from the non-party company and paid all the lease fees agreed to pay to the non-party company in return.

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