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1. The Plaintiff, among the vehicles listed in the attached list, Defendant A’s shares in the 3/9 shares, and Defendant B, C, and D’s shares in the 2/9 shares.
Reasons
1. Facts of recognition;
A. On November 10, 2014, the Plaintiff entered into an offland lease agreement with E on the instant automobiles listed in the separate sheet (hereinafter “instant automobiles”) and completed the transfer registration procedure in the name of E by purchasing the instant automobiles with the Plaintiff’s funds. E, without relation to the vehicle’s name, provided a letter of undertaking to the effect that the ownership of the vehicle is the Plaintiff, without relation to the vehicle’s name.
B. On October 14, 2017, E died, and succeeded to the deceased’s inherited property in proportion to Defendant A’s 3/9 shares, Defendant B, C, and D respective shares of 2/9 shares. The Defendants were accepted on December 26, 2017 by the Daegu District Court 2017-Ma2792.
C. The lease fee of the instant vehicle was in arrears at least twice since November 8, 2017. D.
If the customer delays the monthly rent on at least two consecutive occasions, the financial company can terminate the contract and claim the return of the motor vehicle.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. In full view of all the provisions of Articles 13-2(1), 13-3(1), and 13-4 of the former Equipment Rental Business Act (repealed by Article 2 of the Addenda of the Specialized Credit Financial Business Act, Act No. 5374, Aug. 28, 1997), Articles 6 and 8(1) of the Automobile Management Act, and Article 18 of the Decree on Automobile Registration are premised on the fact that the ownership of the leased vehicle is reserved in the facility leasing company even in the case of the facility leasing of the vehicle, taking into account the characteristics of the facility leasing that intends to attain the purpose of the security through the method of lending the facility leasing to the facility leasing company for a certain period of time, and the legislative intent of the facility leasing industry is to foster the facility leasing industry.