1. The part of the judgment of the court of first instance concerning the primary claim for the acquisition of the ownership of a motor vehicle shall be revoked;

2.

1. Basic facts

A. On March 6, 2003, the Plaintiff purchased an automobile listed in the [Attachment List (hereinafter “instant automobile”) and registered as the owner. At the time, the Plaintiff, while obtaining a loan from Nonparty EL Card Co., Ltd., obtained part of the purchase price of the instant automobile, and issued a mortgage of KRW 10 million on March 10, 200 for the instant automobile (hereinafter “the instant mortgage”).

B. Around January 2007, the Plaintiff issued a certificate of personal seal impression, etc. necessary for the transfer of the instant vehicle to the seller of the instant vehicle to the seller of the instant vehicle without his name (E).

C. Meanwhile, around January 24, 2007, D entered into a sales contract with the Plaintiff to purchase KRW 14,000,000 from the Plaintiff as a broker of E, but it did not make a transfer registration in the future.

The Defendant purchased the instant automobile from D around April 10, 2012 at KRW 3.5 million, and possessed and used it from that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, testimony of witness D of the first instance court, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s primary claim No. 1) in light of the fact that around January 2007, D paid only KRW 9.7 million, much less than the market price at the time of the acquisition by transfer of the instant vehicle from E, D shall be deemed to have taken over the instant vehicle from E on the condition that it takes over the secured obligation of the instant mortgage from D on the condition that it takes over the secured obligation of the instant mortgage from D on April 2012, as Defendant also acquired the instant vehicle at KRW 3.5 million under the condition that it takes over the secured obligation of the instant mortgage from D on the condition that it takes over the secured obligation of the instant mortgage, the Defendant shall take over the ownership transfer registration procedure for the instant automobile from the Plaintiff and also have the obligation to take over the secured obligation of the instant mortgage. (2) Even if the Defendant did not take over the secured obligation of the instant mortgage, the Defendant is registered