1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

1. The facts of recognition are as follows: (a) the Plaintiff is a person engaged in the used vehicle trading business in the name of “C”; (b) the Defendant is a company engaged in the travel business; (c) on April 26, 2017, the Plaintiff purchased the instant vehicle owned by the Defendant in the amount of KRW 51 million and paid the price for the same day and delivered the vehicle by paying the price for the same day; (d) on the same day, the Plaintiff prepared a “automobile transfer certificate (the certificate No. 3 and No. 6; hereinafter “instant contract”); and (e) on the same day, from the Plaintiff’s employee D account in the name of the Plaintiff’s employee D to the Defendant’s personal account, the KRW 13 million has been transferred from the Plaintiff’s employee D to the Defendant’s personal account; and (e) there is no dispute over the fact that the Defendant currently owns and keeps the instant vehicle, or is recognized by the entire purport

2. The assertion and judgment

A. The Plaintiff seeks delivery on the ground that the payment was made in full under the sales contract for the instant motor vehicle concluded with the Defendant.

On the other hand, the defendant asserts as follows.

① On April 25, 2017, the day after the Defendant E opened the instant vehicle to the online site (F) for the purpose of purchasing the instant vehicle from the phone to a foreign country. In order to receive the refund of the registration tax of the instant vehicle, the Defendant E accepted the instant vehicle’s order to deposit KRW 51 million with the Defendant’s account in the name of the Defendant, and KRW 38 million out of KRW 51 million, the remainder of KRW 13 million in the account in the name of the Defendant to transfer the said money to the E personal account, and immediately deposit KRW 64.3 million in the account desired by E.

② On the next day, Nonparty Ha asserts that H was an employee of the Plaintiff and later, Nonparty Ha claimed that H was aware of the fact that H was an employee of the Plaintiff. Nonparty Ha thought that G was the sender of the instant contract, and received KRW 51 million from the transferor column of the instant contract but the name of the Defendant was written in the amount of KRW 64.3 million.