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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. The defendant's possession of the motor vehicle indicated in the separate sheet that is subject to the registration of transfer of ownership in the name of the plaintiff as to the cause of the claim (hereinafter "the motor vehicle of this case") is not a dispute between the parties. Thus, the defendant is obligated to deliver the motor vehicle of this case to the plaintiff,
2. Judgment on the defendant's assertion
A. In the Defendant’s primary argument, the Defendant asserts that C is the real owner of the instant vehicle under title trust with C. The Defendant leased KRW 10 million to C and received the instant vehicle from C as security, and thus, there is a legitimate right to possess the instant vehicle.
Preliminary, the Defendant did not title trust the instant vehicle to the Plaintiff.
However, the Plaintiff asserts that the Defendant, who received the instant vehicle as collateral for the loan of KRW 10 million, has a legitimate right to possess the instant vehicle, since the Plaintiff delegated C with all rights to dispose of the instant vehicle.
B. (1) On November 201, 201, C purchased the instant motor vehicle and registered the transfer of ownership in the name of the Plaintiff on November 15, 201, with respect to the instant motor vehicle under title trust to the Plaintiff.
(2) On November 29, 201, the Defendant leased KRW 10 million to C on November 29, 201, and occupied the instant vehicle for the purpose of its security.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 4 and 5-1, 2, Gap evidence Nos. 6, 7, and 8, the purport of the whole pleadings
C. The acquisition, loss, and acquisition of the right to an automobile shall take effect only with the registration of the acquisition, loss, and registration of the right to an automobile. Thus, insofar as the Defendant did not complete the transfer registration of ownership on the instant automobile, the right to transfer for the Defendant cannot be deemed to have been established