1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant runs a used car sales business under the trade name of “C”.

B. On October 31, 2016, the Plaintiff entered into a contract with the Defendant to purchase the Ebenz E300 used cars (hereinafter “instant automobile”) from the Defendant for KRW 35 million. However, in order to obtain a loan easily from the purchase price, the sales contract entered the transferor as “F” as “F” and “41 million won,” respectively.

hereinafter referred to as "the sales contract of this case" is "the sales contract of this case"

(B) On November 3, 2016, the Defendant received a loan from G and paid KRW 35 million to the Defendant. On November 3, 2016, the Defendant completed the ownership transfer registration for the instant motor vehicle on the Plaintiff. [In the event that there is no dispute over the grounds for recognition, the entries in subparagraphs A through 5, E, E, E, and E, and the purport of the entire pleadings and arguments.]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant did not deliver the instant motor vehicle to the Plaintiff even after receiving full payment of the purchase price, and the Plaintiff lawfully rescinded the instant sales contract on the grounds of such Defendant’s nonperformance. Therefore, the Defendant is obligated to pay the Plaintiff the same money as the purport of the claim by restitution to the original state following the cancellation of the contract. 2) The Defendant made a false representation as it is possible for the Plaintiff to normally operate the instant motor vehicle in a state immediately preceding scrapping, and acquired the purchase price from the Plaintiff. The Plaintiff revoked the instant sales contract on the grounds

Therefore, the defendant is obligated to return the same amount as that stated in the purport of the claim to the plaintiff as unjust enrichment.

B. The following circumstances are revealed in light of the Gap evidence Nos. 7, Eul evidence Nos. 4, 5, and 6 (including the number of branch numbers; hereinafter the same shall apply) as to the allegation of cancellation, and the witness D’s witness witness witness witness witness witness witness testimony as a whole.