1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The plaintiff's assertion

A. In the meantime, on January 7, 2015, C, the Defendant, on behalf of the Defendant, purchased from the Plaintiff benz E240 Motor Vehicle (registration number: D, tobacco formula: 2003; hereinafter “instant motor vehicle”) KRW 10,00,000 on behalf of the Defendant, and completed the registration of the motor vehicle under the Defendant’s name. Therefore, the Defendant, the buyer, is liable to pay the Plaintiff the purchase price of KRW 10,00,000, and delay damages therefor.

B. Preliminaryly, if the Defendant is not the purchaser of the instant vehicle, the instant vehicle sales is a title trust with the intermediate omission type under the Act on the Registration of Real Estate under Actual Titleholder’s Name, i.e., a seller’s transaction not knowing the title trust between the Defendant and C, and the change in real rights is null and void. Therefore, the Plaintiff still is the owner of the instant vehicle, and the Defendant made unjust enrichment on the instant vehicle by registering the instant

However, as the Defendant scrapped the instant motor vehicle due to an accident on March 5, 2018, the Defendant is obligated to pay the Plaintiff the amount of unjust enrichment or damages, 10,000,000 won, and damages for delay, instead of returning the instant motor vehicle.

2. Determination

A. According to Gap evidence as to the main claim, the plaintiff acquired the automobile of this case on January 16, 2004, and the register of automobile of this case on the register of automobile of this case is recognized as having been stated as the "name transfer registration, name: the defendant, date of registration: January 7, 2015, but it is insufficient to recognize that the purchaser of this case is the defendant, and there is no other evidence to acknowledge this differently.

On the other hand, the plaintiff has the same role as the real estate registration register, and the defendant who is registered as the owner in the motor vehicle register is presumed to be the purchaser of the motor vehicle of this case, so the defendant must prove that the motor vehicle of this case was not purchased