1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On October 2, 2013, the Plaintiff and A, a lease company, concluded a lease agreement with respect to a vehicle with B (hereinafter “instant vehicle”) and entered into an agreement to reserve the ownership of the said vehicle to the Plaintiff until A completely pays the lease fees, but the ownership of the said vehicle on the convenience vehicle register is in the name of A.

B. As to the instant motor vehicle, A registered on October 1, 2013, and the Defendant was the same month.

2. The mortgage was created.

C. On December 15, 2014, the Plaintiff filed an application for voluntary auction of the instant automobile with the District Court C on the basis of the foregoing mortgage, and the Defendant filed a request for delivery of the claim against A to preserve national health insurance premiums, etc. during the said auction procedure, and received dividends of KRW 1,931,598 in the dividend procedure of the said auction on August 13, 2015.

[Reasons for Recognition: Each entry in Gap evidence 1 through 5 (including paper numbers), the purport of the whole pleadings]

2. The plaintiff's assertion and judgment asserted that the owner of the instant vehicle shall return the dividends to the defendant as unjust enrichment, since the defendant, as the creditor of the Plaintiff, received part of the dividends.

The ownership of a vehicle registered in the name of a lessee is not only domestically but also externally a facility leasing company.

Therefore, as seen earlier, if A entered into a facility leasing contract (lease Agreement) with the Plaintiff on the instant motor vehicle and completed a new registration on it, the ownership of the instant motor vehicle appears to be reverted to the Plaintiff, as long as A entered into a new facility leasing contract (lease Agreement) with the Plaintiff.

However, the plaintiff's assertion is based on the premise that the successful bidder acquires the ownership of the automobile of this case through the auction of the automobile of this case, and the successful bidder shall acquire the ownership of the automobile of this case.