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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The plaintiff is a person engaged in the trading of used cars.
On December 23, 2011, the Plaintiff completed the transfer of ownership registration for an automobile listed in the separate sheet in the name of her mother C (hereinafter “instant automobile”).
B. D. E is a person operating a motor vehicle installment loan brokerage company with the trade name of “F” as the same business.
D Around February 2013, 2013, the Defendant requested the Defendant, a land owner, to lend its name to the effect that “A motor vehicle is being newly constructed, while a motor vehicle is being displayed in the said motor vehicle trading complex, a motor vehicle is required to be rented out with a loan from a capital and will be financed by using the loan. Within three months, the name will be transferred to another, or the Defendant’s name will not cause any damage by repaying all the Defendant’s loan.” The Defendant, upon consent, issued D documents necessary for the registration of the transfer of the ownership, such as a copy of the resident registration certificate and a certificate of personal seal impression.
C. On February 7, 2013, E entered into a sales contract for the instant motor vehicle under the name of the Defendant (hereinafter “instant sales contract”) with the Plaintiff and received a loan of KRW 35 million from the social members of the Defendant’s name as security for the said motor vehicle.
The social created by us shall be KRW 3,355,00 on February 7, 2013 with the collateral loans to the head of the Tong in the name of Do, and the same month.
8. A deposit of KRW 1.75 million was made to the Plaintiff at that time, and E paid KRW 5 million out of the purchase price of the instant automobile to the Plaintiff.
E. On February 18, 2013, the registration of transfer of ownership was completed in the Defendant’s name as to the instant automobile, and the said automobile continued to have been kept by the Plaintiff.
F. On June 24, 2014, the Plaintiff: (a) sold the instant vehicle to G by referring the Defendant’s agent; (b) around that time, G occupied the instant vehicle.
(g) D shall be towed on November 26, 2014.