1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. As to the cause of the claim, the Defendant is obligated to deliver the instant vehicle to the Plaintiff, on the ground that there is no dispute between the parties as to the fact that the Defendant occupies the vehicle indicated in the separate sheet that is subject to the registration of transfer of ownership in the name of the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant is the legitimate right holder to possess the motor vehicle of this case for the following reasons.

1) The Defendant, after title trusting the instant vehicle to the Plaintiff and lending KRW 10,00,00 to C, a real owner of the instant vehicle, was handed over by C, and the Plaintiff and the Defendant agreed to use the instant vehicle until C repaid the loan to the Defendant. 2) The Plaintiff and the Defendant agreed to establish a collateral security right for the instant vehicle with the Defendant. However, as the instant vehicle was set up, the Plaintiff agreed to transfer the ownership of the instant vehicle to the Defendant after the termination of the collateral security right, thereby making the Plaintiff liable to transfer the ownership of the instant vehicle to the Defendant contradicts the principle of good faith.

B. It is insufficient to acknowledge that the Plaintiff permitted the use of the instant vehicle to the Defendant or agreed to set up a security right to the instant automobile by itself on the sole basis of the statement of No. 1-3 of the certificate No. 1-3, and there is no other evidence to prove otherwise.

Therefore, all of the defendant's arguments are without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.