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...

1. Basic facts

A. On February 2, 2018, the Plaintiff concluded a tea facility lease agreement with C on the instant automobiles listed in the separate sheet (hereinafter “instant automobiles”) and delivered the said automobiles. However, as C did not pay rent from September 2018, the Plaintiff notified C of the termination of the instant lease agreement on October 29, 2018.

B. Meanwhile, the Plaintiff is the owner who completed the registration of ownership of the instant motor vehicle on February 2, 2018, and the Defendant is currently occupying the instant motor vehicle via D and E, including the above C.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to deliver the above automobile to the plaintiff, who is the owner of the instant automobile, unless there are special circumstances.

B. As to this, the Defendant asserts to the effect that, while lending KRW 48 million to E, the Defendant occupied the instant automobile by taking over it as a security. The Defendant asserts to the effect that he has the legitimate right to possess the instant automobile until he is paid the above loan from E.

On the other hand, the defendant's act of attracting an automobile in this case for the security of the above loan claim is the act of pledge between the defendant and E, and since the automobile can only be the object of mortgage pursuant to Article 9 of the Act on Mortgage on Specific Movables such as Automobiles, etc., it cannot be the object of pledge. Therefore, since the above provision is a motor vehicle registered and announced by the registration, the acquisition and loss of the right shall take effect only when it comes into force, so the mortgage is more appropriate means of finance than the pledge which takes possession as the method of public announcement, and if the pledge is established, it is to prevent the loss by the function of means of life as the president of the means

Ultimately, the above act of pledge goes against the above mandatory provisions.