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1. The defendant's claim against the plaintiff for delivery of corporeal movables was made on April 2015 by the Suwon District Court Decision 2014Kadan10310.
Reasons
1. Facts of recognition;
A. The Defendant purchased an automobile in the name of the Defendant from C and D at the request of D to pay the installment, and lent the Defendant’s name. The Plaintiff purchased the automobile listed in the separate sheet from D around October 2013 (hereinafter “instant automobile”).
B. On November 8, 2013, the registration of transfer of ownership was completed under the name of the Defendant with respect to the instant motor vehicle, and the amount of KRW 29,90,000 was loaned from Hyundai Capital Co., Ltd. (hereinafter “Sluri Capital”) under the name of the Defendant (a loan period: 36 months, payment in installments in 36 months, payment in installments, installments: 36 months, and payment in installments: 1,416,04 won at one time, and 1,124,950 won at one time, 36 times, and 1,124,950 won at 1,093,786 won) was established in the future of Hyundai Capital.
C. Around that time, the Plaintiff received delivery of the instant motor vehicle and has been occupied and used until now. The Plaintiff did not pay at all the collateral security liability for the instant motor vehicle, the Plaintiff’s fine for violation of the Road Traffic Act, and the tax liability on the instant motor vehicle, and the Defendant paid the payment for the Hyundai Capital.
Accordingly, when the Defendant demanded the Plaintiff to resolve the problem regarding the instant motor vehicle, the Plaintiff prepared a written statement stating that “The Plaintiff shall pay the instant motor vehicle price to the Defendant by July 30, 2014, and transfer the ownership of the instant motor vehicle,” on or around June 18, 2014, but the Plaintiff failed to comply with the said statement.
E. The Defendant filed a lawsuit against the Plaintiff for the delivery of corporeal movables against the Plaintiff at the court 2014Kadan110310, which sought the delivery of the instant vehicle, and the Plaintiff stated that it was a voluntary conciliation with any content similar to each of the subparagraphs in the preceding paragraph.
Ultimately, the Plaintiff and the Defendant paid the Defendant in cash the installment payment obligation of Hyundai Capital, etc. that the Defendant assumed until that time, and the Defendant paid to the Defendant in cash.