1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Facts of recognition

A. The Plaintiff and the Defendant are land owners who have entered a tourist bus into C Co., Ltd. (hereinafter “C”).

B. On October 1, 2009, the Defendant drafted a transfer certificate to the Plaintiff to the effect that the vehicle number D (hereinafter “instant vehicle”) will be transferred to the Plaintiff with the vehicle amount of KRW 72 million in the vehicle number D (hereinafter “instant transfer certificate”).

C. On February 1, 2010, the Defendant sold the instant vehicle to a foreign country.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 (this case's transfer certificate, defendant's defense that the above transfer certificate was forged at the court of first instance, but acknowledged the authenticity of the above transfer certificate by making a statement in the preparatory document as of September 26, 2016 at the third date for pleading of the court of first instance, and the parties' assertion of the purport of whole pleadings.

A. The Plaintiff’s assertion 1) The Plaintiff: (a) claimed KRW 30 million against the Plaintiff, who is the actual operator of C; (b) but, on July 2009, E was in excess of the above Defendant’s management right; (c) around July 2009, the Plaintiff decided to purchase the instant vehicle from the Defendant for KRW 72 million; and (d) the payment of the purchase price was agreed between the Defendant and the Plaintiff, E, and Defendant 3 to receive the Plaintiff’s debt amount of KRW 30 million from the purchase price and deduct it from the purchase price; and (e) the remainder of KRW 42 million was paid to the Plaintiff.

3) On July 28, 2009, the Plaintiff paid to the Defendant the sum of KRW 42 million on September 22, 2009, which is KRW 17 million ( check KRW 17 million and KRW 1 million in cash), KRW 40 million on September 22, 2009, and KRW 20 million on September 23, 2009. Since then, the Defendant drafted the instant certificate of transfer to the effect that the said payment was made in full. 4) The Defendant deceiving the Plaintiff, acquired KRW 72 million from the Plaintiff, and disposed of the instant vehicle in a foreign country, thereby having the obligation to deliver the said vehicle to the Plaintiff.