The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. From June 1994 to June 30, 2019, the Plaintiff is an employee in Jongno-gu Seoul Metropolitan Government “D” (hereinafter “instant restaurant”) located in Jongno-gu C, which is operated by the Defendant.

B. The Defendant paid KRW 39.8 million to the Plaintiff around 1998, and the Plaintiff purchased vehicles listed in the separate sheet (hereinafter “instant vehicle”) with the said money and completed the registration of ownership transfer in the name of the Plaintiff.

(c)

From the purchase of the instant vehicle to the time of retirement, the Plaintiff was going to go to the Defendant’s children with the instant vehicle and left the Defendant. When purchasing materials, the Defendant’s family members, such as using the instant vehicle, etc., have been driving directly with the instant vehicle, if necessary, or with respect to the instant restaurant.

[Ground of recognition] The evidence Nos. 1 and 2, part of witness E's testimony, purpose of the whole pleading

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is that the Defendant entrusted the instant vehicle in the name of the Plaintiff, and the Defendant would pay the Plaintiff all expenses, such as the cost of oil, the cost of repair of the instant vehicle, and taxes.

Even though there was no payment, it was not paid.

Therefore, the Defendant is obligated to pay the gas supply expenses, vehicle repair expenses, and various taxes, etc. paid by the Plaintiff on behalf of the Plaintiff in accordance with an agreement or as unjust gains, and the sum from March 1, 2010 to June 30, 2019 is KRW 65,307,397.

In addition, since the plaintiff terminates the trust agreement in the name of the delivery of the complaint of this case, the defendant is obligated to accept the transfer registration procedure of ownership of the vehicle of this case.

B. The summary of the Defendant’s assertion is that the Defendant donated the purchase cost of the instant vehicle to the Plaintiff on the condition that the Plaintiff purchased the instant vehicle and make the Defendant’s children walk. The instant vehicle is owned by the Plaintiff, and the Defendant shall pay the maintenance cost, such as the cost of oil supply.