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(영문) 수원지방법원안양지원 2015.04.08 2014가단21913
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. On December 19, 2013, the Plaintiff completed the registration of ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and the fact that the Defendant currently occupies the instant motor vehicle is not a dispute between the parties, and thus, the Defendant is obligated to deliver the instant motor vehicle to the Plaintiff, barring any special circumstance.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that: (a) around December 2013, the Plaintiff borrowed KRW 15,00,000 from C to secure the above loan obligation; (b) delivered the instant vehicle to C in order to secure the above loan obligation; (c) the Defendant, who was unaware of his name, was aware of the fact that the Defendant was aware of “D” and the name was unknown; (d) it is unclear whether D traded with the Plaintiff.

The defendant takes over the above loan claims in 14,300,000 won and takes over the automobile of this case. Since the defendant occupies the automobile of this case to secure the above loan claims as the transferee of the above loan claims against the plaintiff, he has the legitimate right to possess the automobile of this case until he is paid the above loan.

B. In light of the determination, the Plaintiff’s act of delivering the instant vehicle to C for the purpose of securing the above lending obligation and attracting C is the act of pledge between the Plaintiff and C, and the said act can only be the object of mortgage under Article 9 of the Act on Mortgage on Specific Movables including Motor Vehicles, which cannot be the object of pledge. As such, since the said provision is publicly announced by the registration of an automobile, it takes effect only when the acquisition and loss of the right has been registered, so the said provision is more appropriate financial means than the pledge that takes possession as the method of public announcement, and if a pledge is established, it is to prevent the loss of society and society from being done as the function of means of living by the effect of the inducement

In the end, it is eventually.

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