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1. The Defendant (Counterclaim Plaintiff) shall deliver the vehicle indicated in the attached Form to the Plaintiff (Counterclaim Defendant).
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
Reasons
1. Of the principal lawsuit and counterclaims, the judgment on the claim for ownership transfer registration and the claim for ownership transfer registration among the counterclaims shall also be deemed to have been filed.
A. The Plaintiff’s assertion 1) The Plaintiff’s instant automobile is the ownership of the Plaintiff’s denial network C, and the Plaintiff solely succeeded to the Plaintiff’s possession of the instant automobile. As such, the Defendant is obligated to deliver the instant automobile to the Plaintiff. Defendant 2) From March 201 to March 201, the Plaintiff purchased the instant automobile into a de facto marital relationship with the network C, and thereafter held a title trust with the network C. Therefore, the Plaintiff, who succeeded to the Plaintiff’s trustee status of the network C, is obligated to implement the transfer registration procedure due to the termination of the title trust as to the instant automobile.
B. In full view of the overall purport of the statements and arguments stated in Gap evidence Nos. 3 through 8, the deceased completed the ownership transfer registration of the instant automobile on April 15, 2013; the network C died on March 11, 2016 and inherited solely by the plaintiff; the network C paid the installment on the instant automobile from May 20, 2013 to April 28, 2015; and it paid the balance of the instant automobile in full by borrowing KRW 23,000,000 from the Austria Savings Bank on May 20, 2015; and the Plaintiff completed the ownership transfer registration on March 25, 2016 on the instant automobile; the Plaintiff’s assertion that the remainder of the instant automobile was owned by the Defendant’s bank on May 23, 2016; and the Plaintiff’s remaining automobile was not deemed to have been owned by the Defendant’s bank on May 23, 2016.
Therefore, the Defendant is obligated to deliver the instant automobile to the Plaintiff, who is the owner of the instant automobile.
2. Return of loans and unjust gains during a counterclaim;