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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around September 2009, the Defendant, a middle and high-tier vehicle dealer, arranged the Plaintiff’s ASEAN to purchase ice vehicles (a vehicle cleaning glass walls, etc. of buildings) (at that time, the Defendant operated business in the name of D), and on September 18, 2009, the Plaintiff transferred KRW 50 million from the Plaintiff’s husband E’s husband’s deposit account to the Defendant’s Nonghyup bank account.
B. On the same day, the Defendant transferred KRW 3 million to F, who is the Defendant’s wife, KRW 23.5 million to G, KRW 5.5 million to each other’s account, and transferred the remaining KRW 18 million to C, and C re-transfered KRW 2 million to the Defendant.
C. C around September 21, 2009, by the Defendant’s good offices, purchased MTⅡ 3.5 tons Scar (the vehicle number was originally changed to H, but was changed to I; hereinafter “instant vehicle”) and registered the transfer of ownership on September 28, 2009.
Since then, upon receiving a request from C to dispose of the business number of the instant vehicle, the Defendant received KRW 15 million from J, which was a used car dealer, to the Defendant’s Nonghyup Bank account on November 23, 2009, and transferred KRW 4.9 million among them to C with the disposal proceeds of the said business number. On the other hand, the Defendant disposed of the business number of the instant vehicle to another person, and accordingly, on January 8, 2010, the Defendant registered the ownership transfer of the instant vehicle again on January 11, 2010.
(A) At the fifth date of pleading, the witness J stated that the vehicle’s number was changed to “K,” and again changed to “L,” the name of the vehicle was transferred to the borrower in the event that the vehicle was purchased from the fifth date of pleading, but the name of the vehicle was returned to the borrower, except the number plate, or that the vehicle was transferred to the buyer.”
E. Subsequent C is different.