Litigation costs shall be borne by the plaintiff.

A. From October 24, 2011 to October 27, 2011, the Plaintiff transferred each KRW 50 million to Nonparty C four times a day, and paid each KRW 200 million (=50 million x 4 times).

B. On November 4, 2011, the above C paid KRW 200 million to the Defendant and KRW 110 million in addition to November 7, 201, and KRW 310 million in total (= KRW 200 million) to the Defendant.

C. On November 11, 2011, the Defendant completed ownership transfer registration regarding construction machinery listed in the separate sheet (hereinafter “instant construction machinery”) in the future.

[Grounds for recognition] The descriptions of evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. On September 29, 2011, the Plaintiff decided to purchase the instant construction machinery for KRW 400 million with Nonparty D Co., Ltd., and paid KRW 20 million down payment to D Co., Ltd. on the same day.

After that, the Defendant concluded a title trust agreement with respect to the instant construction machinery, and agreed that C and the Defendant would transfer the remainder when the Plaintiff remitted the payment to C.

Therefore, after the plaintiff paid KRW 200 million to C as seen in the above basic facts, C delivered KRW 310 million to the defendant, including the above KRW 200 million, and apart from this, the plaintiff delivered KRW 70 million to the defendant through Nonparty E, and the defendant, who received the total amount of KRW 380 million (= KRW 310,000,000,000), has completed the transfer of ownership as to the construction machinery of this case.

However, on October 30, 2012, the Defendant violated a title trust agreement by establishing a mortgage on the construction machinery of this case at will, and thus, the Plaintiff terminated the title trust agreement with the delivery of the complaint of this case, and accordingly, the Defendant is obliged to implement the transfer registration procedure for the construction machinery of this case to the Plaintiff.

B. We examine the judgment, and the defendant of this case.