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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around May 2014, the Plaintiff requested B to purchase used cars, and the same month on May 3, 2014, 5,000,000 won.
6. A total of KRW 10,000,000 was remitted to the account in B’s name.
B. On May 7, 2014, the Plaintiff drafted a sales contract for a used motor vehicle (hereinafter “instant contract”) between B and B to purchase a used motor vehicle (hereinafter “instant motor vehicle”) at KRW 34,700,00,000, the amount of which is 34,700,000. The instant contract is written by the Defendant as a motor vehicle dealer.
C. On May 7, 2014, the Plaintiff remitted KRW 10,000,000 to the account in the name of B, and KRW 10,000,000 on November 11 of the same month, and was issued by B a copy of the check-up record of the performance of used cars and the registration certificate for the instant automobile.
However, B did not contact from May 12, 2014, and did not deliver the instant vehicle to the Plaintiff, and did not transfer the instant vehicle to the Plaintiff.
[Ground of recognition] Evidence Nos. 1, 13 through 5, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. (1) The plaintiff's primary claim causes (1) The defendant did not perform his duty of delivery and transfer registration of the instant automobile even though he concluded a sales contract with the plaintiff on the instant automobile.
Accordingly, the plaintiff cancels the sales contract.
The defendant is obligated to return the sales price received according to the cancellation of the sales contract.
(2) There is no evidence to acknowledge whether the Defendant, as a seller, concluded a sales contract with the Plaintiff on the instant automobile.
Rather, according to the evidence No. 1, the contract of this case includes B’s personal information in the transferor column who is the party to the contract, and the seller’s legal liability for defect (Article 6: the seller must notify the buyer of the inspection of automobile performance under the Automobile Management Act).