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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. On September 1, 2009, the Plaintiff operating a used car sales business entered into a sales contract with Nonparty A (a seller broker) and B (a buyer broker) to purchase at KRW 120 million for the benz S600 D car (hereinafter “instant vehicle”) registered under the name of Nonparty C (hereinafter “instant sales contract”) and received the said vehicle from Nonparty B through B on the same day.
B. The Plaintiff, as seen above, was subject to a motor vehicle performance test by the motor vehicle trade association on the day of delivery of the instant vehicle, and as a result, there was an additional discovery of the repair record of the said vehicle’s “diter attachment”.
In addition, as a result of the inquiry of Nonparty Korea Social Co., Ltd. (hereinafter “Korea Social Co., Ltd.”) which is the owner of the instant vehicle on the vehicle register, it was confirmed that the said vehicle was partially unpaid as the leased vehicle.
C. Accordingly, without registering the transfer of the instant vehicle, the Plaintiff resisted that fact to B, and demanded the cancellation of the instant sales contract and the return of the sales price.
Upon receipt of such demand from the Plaintiff, B sold again the instant vehicle to a third party via A and A to solve the problem (the Plaintiff was aware that it was delivered from B), and on September 3, 2009, sold the instant vehicle to Nonparty E and F for KRW 16 million on the same day, and delivered the said purchase price to the Plaintiff on the same day.
(The plaintiff company's G was also at the place of conclusion of the above sales contract, but did not appear in front of the above purchaser).
However, as a result, E/F received and confirmed the register of automobiles for the transfer of ownership on the day of purchase of the said vehicle, the title of the instant vehicle is our wave social.