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(영문) 수원지방법원안산지원 2019.09.11 2019가단54941
자동차인도 청구의 소
Text

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

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. On August 23, 2017, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”) around August 23, 2017.

The defendant currently occupies the automobile of this case.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, the purport of the whole pleadings

2. Determination

A. The instant lawsuit is under the jurisdiction of the court at the domicile of the Plaintiff, who is the place of the obligation, since the Plaintiff exercises the right to claim the return of owned property based on ownership of the instant automobile.

The defendant's assertion of violation of jurisdiction is without merit.

B. According to the above facts of recognition, the defendant who possesses the automobile of this case has the duty to deliver it to the plaintiff who is the owner of the above automobile.

In regard to this, the defendant asserts that since he himself is the actual owner of the automobile of this case, possession of the automobile of this case is justified, but there is no evidence to prove that the defendant is the owner of the automobile of this case.

3. The plaintiff's claim for conclusion is justified and acceptable.

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