1. The defendant shall be the plaintiff.

(a) deliver a motor vehicle listed in the separate sheet;

(b) An annex from November 18, 2018 to the Schedule.

1. Facts of recognition;

A. The automobiles listed in the separate sheet (hereinafter “instant automobiles”) are owned by C Co., Ltd. (hereinafter “C”).

B. On January 8, 2018, the Plaintiff leased the instant vehicle from C with the monthly rent of KRW 3,774,760, and the lease term of KRW 48 months from January 8, 2018.

(hereinafter “instant lease agreement”). D operated the instant motor vehicle from January 2018 to October 2018, 2018, and paid the amount of the motor vehicle according to the instant lease agreement.

C. After November 18, 2018, D transferred the instant automobile to the Defendant for the purpose of securing the claim against the Defendant. At present, D currently occupies the instant automobile.

From November 2018, the Plaintiff paid the automobile of this case to the present time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 8, 9 (including additional numbers), witness D's partial testimony, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s primary assertion 1) The Defendant without title occupies the instant vehicle. The Defendant is obligated to deliver the instant vehicle to the Plaintiff who leased the instant vehicle from C, the owner of the instant vehicle, and is obligated to pay the instant vehicle as the instant vehicle for tort damages arising from tort from November 18, 2018 to the completion date of delivery of the instant vehicle. (2) If the Defendant is unable to deliver the instant vehicle, the Defendant is obligated to pay KRW 100 million, which is the market price of the instant vehicle, to the Plaintiff, and the Defendant is obligated to compensate the Plaintiff for the damages suffered by the Plaintiff until the Defendant occupies and uses the instant vehicle.

B. We examine the plaintiff's primary claim.

1. According to the above facts of recognition as to the claim for the delivery of the instant automobile, the Defendant is the lessee who entered into a lease contract with C, the owner of the instant automobile.