1. Of the judgment of the court of first instance, the part against the plaintiff falling under the subsequent order for implementation shall be revoked.

1. Basic facts

A. On June 18, 2008, the registration of ownership transfer in the name of the Defendant was completed on June 17, 2008 with respect to the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. On June 16, 2010, the Defendant filed a lawsuit against B claiming the implementation of the procedure for ownership transfer registration on the instant motor vehicle due to the restoration of the authentic name (Scheon District Court Decision 2010Kadan1889, hereinafter “instant prior lawsuit”) while the above ownership transfer registration was completed by forged documents, and was rendered a favorable judgment (a non-litigation judgment) with respect to the instant motor vehicle on June 16, 2010, and the said judgment was rendered in the same year.

8.4. Finality was established.

C. Based on the above judgment, the Defendant completed the ownership transfer registration on November 17, 2010 with respect to the instant automobile.

On January 2010, the Plaintiff occupied and used the instant motor vehicle from B with its registration certificate attached to the instant motor vehicle registration certificate. On May 28, 2014, the solomon Credit Information Co., Ltd. (hereinafter “ Solomon Credit Information Co., Ltd.”) delegated by the Defendant was delivered to the Defendant with the said motor vehicle parked in Solomon Credit Information Co., Ltd. (hereinafter “ Solomon Credit Information Co., Ltd.”) and delivered it to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that he purchased the instant vehicle from B around January 2010, and the Defendant asserted that he/she is the owner, and thus, the Plaintiff is the owner of the said vehicle.

In addition, the defendant, around June 1, 2014, has been deprived of the possession of the plaintiff by arbitrarily taking possession of the above vehicle through Solomon Credit Information, and thus has a duty to deliver the above vehicle to the plaintiff pursuant to Article 204 (1) of the Civil Code.

3. Determination

A. The transfer of ownership of a motor vehicle, the ownership of which is claimed, takes effect upon its registration (Article 6 of the Automobile Management Act), and the Plaintiff’s motor vehicle in this case.