편취금반환
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. Costs of appeal and ancillary costs;
1. Basic facts
A. The Defendant, as the owner of Cenz E220 automobiles (hereinafter “instant vehicle”), placed the instant vehicle on the Internet used vehicle sales site around November 201, 2013 in order to sell the instant vehicle.
B. Meanwhile, on December 10, 2013, the Plaintiff filed a complaint against D, etc. on charges of fraud on December 13, 2013, when it was committed by the Defendant to purchase the instant vehicle by deceiving D, E, and F (hereinafter referred to as “D, etc.”) from the Defendant. As such, the Plaintiff filed a complaint against D, etc. on December 13, 2013.
C. As a result, D et al. was indicted on January 24, 2014 by Daejeon District Court 2014Ma207, which became final and conclusive on October 29, 2014, and was convicted of the following criminal facts. This became final and conclusive on June 4, 2015.
(2) On December 10, 2013, the Defendants: (a) moved along the upper parallel line on the Honam Expressway along with the Defendant’s vehicle around G apartment in Gwangju Mine-gu around 09:30 on December 10, 2013; and (b) Defendant E calls to the Defendant who opened the instant vehicle as a sales unit in accordance with the Defendant’s instructions, and calls to the Defendant to the effect that “the sales price of the instant vehicle is KRW 50,000,000 to KRW 42 million,000,000,000,000 as the sales price of the instant vehicle”; (c) set the time and place to look at the instant vehicle; and (d) called to the Plaintiff, the Plaintiff, who is a middle and high-speed, calls to the Plaintiff to the effect that “a vehicle was to be sold, and the vehicle was registered in the name of the Defendant, which is the type of the Defendant, and notified the Plaintiff of the time and place of the instant vehicle.
The Defendants, at around 15:00 on the same day, have the Plaintiff confirm the instant vehicle at the public parking lot located in the Jeoncheon-gun, Jeoncheon-gun, Gyeonggi-do, the Seoul Special Metropolitan City Mayor, and Defendant E, in advance, have the Defendant confirm the instant vehicle.