1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 6, 2020, the Plaintiff decided 27,000,000 won as interest rate of 6.4% per annum (9.4% per annum) and on April 8, 2020, respectively, to the non-party company C (hereinafter “non-party company”). On the same day, in order to secure the above loan claim, the Plaintiff obtained a right to collateral security of KRW 1,00,000 from the non-party company with respect to the motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”).

B. On November 8, 2019, the Defendant sold to the non-party company the BM 330i vehicle (E; hereinafter “transfer vehicle”) owned by the Defendant at KRW 39,50,000, and completed the registration of ownership transfer to the non-party company on the same day. On the other hand, the non-party company determined the above purchase price of KRW 39,50,000 as of December 30, 201 as the due date for payment to the non-party company.

2) The non-party company failed to repay the above loan to the Defendant within the time limit set forth in paragraph (1). On January 18, 2020, the non-party company decided the loan amount of KRW 40,000,000. However, the non-party company agreed to pay the loan amount of KRW 40,000 to the Defendant by selecting one of four methods, such as paying it in cash to the Defendant or returning the transferred vehicle, paying damages, or creating a mortgage equivalent to the loan amount on the property without seizure

3) On January 19, 2020, the Defendant received delivery of the said automobile from the non-party company through the performance checkup, painting and luminous work. On January 31, 2020, the Defendant completed the registration of transfer on January 31, 2020 in the name of Yeongdeungpo-gu Seoul Metropolitan Government on the instant automobile.

【Fact-finding without a dispute over recognition, Gap evidence Nos. 1, 2, 3, and 5, Eul evidence Nos. 1 through 3, Eul evidence Nos. 5 through 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The non-party company transferred the automobile of this case to the defendant in excess of its obligation and all general obligees including the plaintiff.