1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. The Defendant is the mortgagee of the highest priority mortgage established on November 3, 2015 with respect to the instant motor vehicle.

[Ground for recognition] Unsatisfy

2. Determination

A. The repayment plan was authorized in the individual rehabilitation case filed by the Plaintiff’s summary of the Plaintiff’s assertion, and the Defendant, as the holder of the right to separate settlement, has the right to preferential payment on the instant motor vehicle, is obligated to take over the procedure for ownership transfer registration based on payment in kind on the date of delivery

B. In light of the judgment, the payment in substitutes refers to a contract between the obligor and the obligee extinguishing the claim by providing another benefit in lieu of the performance of the original obligation with the consent of the obligee (Article 466 of the Civil Act). There is no ground to conclude that the Defendant entered into the payment in substitution contract for the said automobile regardless of the Defendant’s intent solely on the ground that the Defendant is the holder of the right to separate settlement for the instant automobile, and there is no evidence to acknowledge the fact that the payment

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.