1. The Defendant is based on payment in kind on September 5, 201 with respect to automobiles listed in the separate sheet from the Plaintiff.

1. On September 1, 2008, a motor vehicle indicated in the attached list of the basic facts (hereinafter “instant motor vehicle”) was registered for the transfer of ownership under the name of the Plaintiff, and thereafter, on September 5, 201, a registration for the creation of a collateral security amount of KRW 6 million with the maximum debt amount, which the Defendant as a mortgagee, was made.

[Ground of recognition] Unsatisfy, Gap 1 and 2 evidence

2. The parties' assertion

A. The Defendant asserted that the Plaintiff leased money to the Plaintiff, and acquired the right by payment in lieu of the instant vehicle, and thus, is obligated to register the transfer of ownership in its name.

B. The Defendant asserted that the instant motor vehicle was kept in custody as security, and when the Plaintiff pays the principal and interest of the instant motor vehicle, it is prepared to return the instant motor vehicle at any time, and thus, the Plaintiff’s claim cannot

3. Determination

A. According to the overall purport of evidence and arguments, evidence Nos. 1 and 2, around June 201, the Plaintiff: (a) borrowed money from the Defendant and delivered documents, such as the power of attorney, certificate of seal imprint, etc., to the Defendant to waive ownership of the instant vehicle if the principal and interest of the instant vehicle are not repaid within the due date; and (b) the Defendant delivered the instant vehicle to the Defendant by using the documents issued by the Plaintiff as the Plaintiff was not repaid the principal and interest of the instant vehicle within the due date when the Plaintiff was in delivery and custody of the instant vehicle; and (c) operated the instant vehicle directly or let a third party operate the instant vehicle after completing the registration of creation of a collateral security under the name of the Defendant on September 5, 201, using the documents delivered by the Plaintiff as the Plaintiff was not repaid within the due date; (c)

B. In light of these facts, the Plaintiff and the Defendant enter into an accord and satisfaction agreement to transfer ownership of the instant automobile to the Defendant in the event that the Plaintiff did not repay the borrowed money.