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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings);
A. 1) Defendant B is the instant vehicle of DMW X3xr20d vehicles (hereinafter “instant vehicle”).
(2) On October 24, 2014, Defendant B, as the owner of the instant vehicle, posted a notice stating that the instant vehicle would be sold at KRW 53 million in the middle-class car sales site, such as SKen car. The Defendant B promised to sell the instant vehicle to KRW 53 million in the name-free box (hereinafter “C”) using mobile phone number E, and received the Defendant C’s driver’s license photograph from his name-free person as text messages. Defendant C driver’s license photograph was sent to his name-free person as text messages. Defendant B sent a new bank account number in the name-free person under the Defendant B’s name to receive the purchase price of the instant vehicle. Upon the request of his name-free winner, Defendant B had the Defendant B’s personal seal impression, registration certificate, etc. stating “C-gu Seoul Metropolitan Government H building, 318,” and sent a text message to his name-free person.
B. The Plaintiff, the vice president of the LAF, was urged to sell the instant vehicle in KRW 43 million from the above person in the name of the Plaintiff, and received Defendant C’s driver’s license photographs and the No.C.C. No. 1 of the Defendant C’s name in the Kakao Stockholm message. On October 24, 2014, the Plaintiff sent the instant vehicle to the Gangdong-gu Office.
C. On October 24, 2014, the Plaintiff transferred KRW 43 million to the Agricultural Cooperative Account in the name of Defendant C, which was known to the winners of the above name among Defendant B and B.
On October 24, 2014, Defendant B, at the Plaintiff’s request, stated on the left margin of the certificate of automobile transfer concerning the instant automobile at the Plaintiff’s request, that “it shall be returned under an agreement when there is a replacement due to an accident after vehicle sale.” However, the said agreement was made by the Plaintiff while the purchase price of the instant automobile was not deposited into the new bank account in his name.