Text
1. The defendant shall deliver to the plaintiffs the motor vehicle indicated in the "motor vehicle marking" attached Form.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On September 26, 2011, Plaintiff B purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and entered into an entrustment management agreement with Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) on the said automobile. On the same day, Plaintiff Company completed new registration of the instant automobile in accordance with the entrustment management agreement.
B. Around March 2013, Plaintiff B advertised that the instant automobile was managed by Plaintiff B, and Plaintiff B advertised that “14 tons of wing work experience engineers and subsequent decision after consulting on wages.”
C. The Defendant reported the above advertising site and found the Plaintiff B, and around April 2013, the Defendant used the instant vehicle as delivery from Plaintiff B and is currently in possession until now.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, the purport of the whole pleadings
2. According to the above facts of determination as to the purport of the claim, the defendant has a duty to deliver the automobile of this case to the plaintiffs unless there are special circumstances.
(A) The plaintiff company is the owner of the automobile in this case and has the right to claim the return of the automobile in this case against the defendant, and the plaintiff B may claim the return of the automobile in this case under a contract with the defendant).
A. (1) The Defendant alleged that the Defendant purchased the instant vehicle from Plaintiff B on April 2013, and agreed to pay the remainder of the instant vehicle with the purchase price (46 months) to the Defendant.
Since the Defendant paid all of the installment payments of the instant automobile, it is rather necessary for the Plaintiffs to implement the procedure for the transfer of ownership to the Defendant. If the instant automobile was owned by the Plaintiffs, the Defendant has the lien on the installment and repair cost paid to the Plaintiffs. Therefore, the Defendant has the instant automobile.