(영문) 서울북부지방법원 2020.08.12 2020가단110653

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(영문) 서울북부지방법원 2020.08.12 2020가단110653

점유권 처분권 확인의 소

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 2016, the Plaintiff and the Defendant concluded an automobile financial lease agreement (hereinafter “instant lease agreement”) with respect to automobiles listed in the separate sheet owned by the Plaintiff (hereinafter “instant automobiles”) as KRW 72,139,250 of the vehicle price, KRW 19,222,650 of the advance payment, KRW 546,31 of the monthly rent, KRW 546,31 of the lease period, and KRW 36 months of the lease period.

B. Article 20(2) of the automobile lease agreement applicable to the instant lease agreement provides, “Where a customer delays monthly rent on at least two consecutive occasions, the financial company may terminate the contract after notifying the customer of the fact of delay of performance of obligation and the termination of this agreement by no later than three business days prior to the date of termination of the contract and claim the return of the motor vehicle. Where the customer is not notified by no later than three business days prior to the date of termination of the contract, the date on which three business days elapse from the date the actual notification arrives shall be the date of termination

C. In accordance with the instant lease agreement, the Defendant did not pay rent more than twice consecutively while operating the instant vehicle, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on February 26, 2020, and received the delivery of the instant vehicle from the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 6, purport of whole pleadings

2. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation must be immediately removed because of unstable rights or legal status, danger, and it is recognized only as the most effective means to eliminate such apprehension and risk. Thus, the removal of such apprehension, risk is dancing or insignificant due to the existence of other special circumstances.

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