1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the defendant’s participation.

1. Basic facts

A. On February 28, 2014, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from the said company to KRW 22,391,100 (including consignment and sales/C). The Plaintiff paid KRW 100,000 as down payment, KRW 4,791,00 as down payment, and the remainder of KRW 17.5 million in the payment was determined at the rate of 5.5% per annum as 5.5% per annum, and entered into a contract with the said company to pay KRW 528,428 in installments over 36 times per month (hereinafter “new sales contract”).

B. The Plaintiff completed new registration of the instant automobile on March 4, 2014.

C. D, who was delivered the instant vehicle by the Plaintiff, sold the instant vehicle to the Intervenor joining the Defendant (the Intervenor is a person engaging in the used vehicle transaction business with the trade name called the E-Motor Vehicle Trading Company; hereinafter “ Intervenor”), and was paid the said purchase price in full by the Intervenor.

The Intervenor requested the Plaintiff to deliver documents necessary for the transfer of ownership, as D did not inform the Plaintiff of the documents necessary for the transfer of the instant motor vehicle name, even after the purchase price was received in full.

When the Plaintiff refused to deliver the above documents, the Intervenor forged the Plaintiff’s certificate of automobile transfer under the Plaintiff’s name on March 17, 2014, and completed the transfer registration of ownership on the instant motor vehicle under the name of the Intervenor (hereinafter “instant transfer registration”).

E. Afterward, the instant automobile was transferred to the Defendant.

Accordingly, on May 2, 2014, the Defendant registered the transfer of ownership in the name of the Defendant on the instant motor vehicle, and thereafter, possessed the instant motor vehicle from then on.

F. Meanwhile, on May 19, 2014, the Intervenor rendered a summary order of KRW 2 million on the charge of forging private documents, including the facts constituting the crime stated in the said paragraph, and the uttering of the said investigation document, by holding that the Intervenor rendered a fine of KRW 2 million as a summary order.