A. On February 14, 2014, the Plaintiff was registered as the owner of a motor vehicle listed in the separate sheet, which is a business vehicle (hereinafter “instant motor vehicle”), and delegated Defendant D with selling KRW 23,000,000 at the time of the instant motor vehicle at KRW 23,00,000.

B. On February 14, 2014, Defendant D completed the registration of transfer of name (hereinafter “registration of transfer of name”) on the instant motor vehicle to Defendant B, who is engaged in the motor vehicle transaction business registered in the name of “G”, due to the transaction transfer by the seller (hereinafter “the instant registration of transfer of name”) on February 14, 2014.

C. After that, on March 7, 2014, Defendant B completed the registration of the creation of the right to collateral security (hereinafter “registration of creation of the right to collateral security”) against Defendant C regarding the instant automobile against Defendant D, the maximum debt amount of KRW 48,00,000, and the mortgagee C with Defendant C on March 7, 2014, for the registration of the creation of the right to collateral security (hereinafter “registration of creation of the right to collateral security”).

Defendant D was delegated by the Plaintiff to sell the instant vehicle, but it was also entrusted by the Plaintiff.

As stated in the foregoing paragraph, the instant motor vehicle was charged with embezzlement of the instant motor vehicle by providing it to Defendant C as collateral by Busan District Court Branch of the Dong Branch of the Busan District Court. The said court sentenced Defendant D to six months of imprisonment on April 2, 2015, and Defendant D appealed as Busan District Court 2015No1055, but the said judgment became final and conclusive on June 5, 2015.

[Basis] Defendant B: Each entry of Articles 208(3)2 and 150(3) of the Civil Procedure Act (a judgment to recommend confession due to the absence of the Defendant): Defendant C: the fact that there is no dispute, Gap’s 1, 2, and 3 evidence (including each number), the substantial fact in this court, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Judgment as to the main claim

A. The Plaintiff’s assertion is that the Plaintiff transferred the instant motor vehicle under Defendant D’s name to the third party.