A. On September 8, 2011, the Plaintiff entered into a consignment contract (hereinafter “instant contract”) with the Defendant with respect to an automobile listed in the attached list owned by the Plaintiff (hereinafter “instant automobile”) on the following terms, and delivered the instant automobile to the Defendant on the day.

1) Sales amount: 13.5 million won: The main contents of the contract on September 8, 201, 201: the condition that the transferor succeeds to the amount of seizure other than Hyundai Capital and the amount of seizure (a short, the difference between the sales amount and the insufficient amount is the condition that the transferor bears the burden of the transferor. The payment at present and later arrived will be settled at the time of sales after the transferor's responsible management.

(b) all the problems of the vehicle after the acquisition;

B. After the contract of this case, the Defendant repaid 4,494,064 won for the four-month installments of this case, which were in arrears at the time of the contract of this case. Moreover, the Defendant repaid 3,370,578 won for the total of 7,864,642 won after the contract of this case, and paid 2,00,000 won for the Plaintiff.

C. Meanwhile, while the Defendant was operating the instant vehicle, the fine for negligence of KRW 1,422,960 was imposed on the Defendant, and the amount equivalent to the market price of the instant vehicle is KRW 4,500,000 at the time of the closing of argument in the instant case.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the main claim

A. 1) Notwithstanding the title of the instant contract, the Defendant received the instant automobile as the owner and actually used it as the owner, and the substance constitutes a sales contract. Therefore, the Defendant is obligated to take over the ownership transfer registration procedure for the instant automobile from the Plaintiff. Furthermore, the Defendant is obliged to pay the Plaintiff the share payment of KRW 5,64,642 for the vehicle paid by the Defendant at KRW 13.5 million as seen earlier (=7).