1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

1. Basic facts

A. The Plaintiff and the Defendant are legally married couple who completed the marriage report on October 27, 2011.

B. On August 17, 2012, the Plaintiff purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and completed the registration of ownership in the name of the Plaintiff.

C. From August 17, 2012, the Defendant is in possession of the instant motor vehicle from August 17, 201 to the present date.

On September 26, 2016, the Defendant filed a lawsuit seeking divorce against the Plaintiff (Seoul District Court 2017Dhap10214).

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Determination on the claim for the delivery of a motor vehicle

A. In light of the above legal principles, it is reasonable to view that the Plaintiff is the owner of the instant motor vehicle, and the Defendant is obligated to deliver the instant motor vehicle to the Plaintiff.

B. The defendant's assertion is alleged to the purport that the plaintiff was donated the automobile of this case from the plaintiff, the plaintiff was nominal in title, or the plaintiff was sharing the automobile of this case with the plaintiff, but the plaintiff was entitled to possess the automobile of this case. However, the statement in the evidence Nos. 1 and 2 alone is insufficient to recognize the defendant's above assertion, and there is no other evidence to acknowledge it.

3. Determination on the claim for return of unjust enrichment

A. The Plaintiff’s assertion was made by the Defendant by occupying and using the instant vehicle, thereby making unjust enrichment of the amount equivalent to KRW 532,00,00. The Defendant is obligated to pay to the Plaintiff unjust enrichment of KRW 6,384,00 (=532,00 x 12 months) of the instant vehicle fee from September 1, 2016 to August 31, 2017, as well as damages for delay thereof, calculated at the rate of KRW 532,00 per month from September 1, 2017 to the completion date of delivery of the instant vehicle.

B. Judgment No. 2-3