1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is against the Plaintiff (Counterclaim Defendant).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 38, 2013, the Plaintiff: (a) completed the new registration of ownership of a car registration number C K7 car (hereinafter “instant vehicle”); and (b) around July 2015, the Plaintiff registered the instant vehicle as a substitute for the instant vehicle at SKk, which is a medium-sized and medium-sized site for trading the instant vehicle, with the sales amount of KRW 28.9 million.

B. From October 1, 2014, the Defendant operated the used car transaction business with the trade name called “E” from Incheon Seo-gu, Seo-gu, Incheon, and employed F as an employee.

C. On August 11, 2015, G calls to the Plaintiff and calls to purchase the instant vehicle to the Plaintiff. On August 11, 2015, G stated to the effect that “on the day (of August 12, 2015, as an employee E is expected to visit the Plaintiff, and would conclude a sales contract with the Plaintiff and pay the vehicle price to the Plaintiff if he/she delivers the vehicle.” Accordingly, on August 12, 2015, G sent the Plaintiff’s account number of the new bank bank account number to receive the instant vehicle from G to text messages.

G on August 11, 2015, by making a phone call to F and soliciting the borrower to purchase the vehicle, while the borrower is well aware of the vehicle in this case, and the F would have decided the vehicle price by reporting the vehicle condition.

E. Through such telephone communications with G on August 12, 2015, the Plaintiff and F had moved to a M apartment complex 11 complex (Plaintiff’s apartment complex) where the instant vehicle was parked around L Elementary School located in Nam-gu Incheon Metropolitan City, Nam-gu, and the Plaintiff and F drafted a motor vehicle transfer certificate (hereinafter “instant vehicle transfer certificate”) with respect to the instant vehicle as follows.

After that, the Plaintiff issued F a certificate of personal seal impression and registration certificate necessary for the transfer of ownership of the instant vehicle to F, and the name, resident registration number and address of the Defendant in the column for the purchaser of the certificate of personal seal impression.