1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

The defendant shall be the plaintiff.

Facts of recognition

The Plaintiff and the Defendant are legally married couple who completed the marriage report on October 27, 2011, or are in separate stay from August 31, 2016 to August 31, 2016.

On August 17, 2012, the Plaintiff purchased a motor vehicle listed in the attached Form (hereinafter “instant motor vehicle”) and completed the registration of ownership in the name of the Plaintiff.

From August 17, 2012, the defendant is in possession of the motor vehicle of this case while driving the motor vehicle of this case.

On September 26, 2016, the Defendant filed a lawsuit against the Plaintiff seeking divorce, etc. by the Changwon District Court 2017Dhap10214, and pending the lawsuit at the appellate court [the Busan High Court 2018Reu1286].

(2) Article 830(1) of the Civil Act provides that “The Plaintiff shall own the Plaintiff’s own property and property acquired in his/her own name during marriage (Article 830(1) of the Civil Act).” In light of the above legal principles, it is reasonable to deem that the Plaintiff is the Plaintiff’s own property and property acquired in his/her own name during marriage, barring any special circumstance, since the Plaintiff is the property acquired in his/her own name during marriage.

On the other hand, even if the defendant is a legal spouse of the plaintiff and has the right to occupy the motor vehicle of this case in the name of the plaintiff during the marital life, it shall be deemed that the plaintiff and the defendant do not have the right to occupy or use the motor vehicle as long as the marital relationship has actually ceased because they

Therefore, the Defendant is obligated to deliver the instant vehicle to the Plaintiff, and to return unjust enrichment equivalent to the royalty that the Defendant acquired by occupying and using the instant vehicle, which is owned by the Plaintiff without any legal ground after the separation.

The defendant's defense is determined as follows: (1) the motor vehicle of this case was donated by the plaintiff, or to the plaintiff.