1. The plaintiff's claim is dismissed.

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

1. Judgment on the parties' arguments

A. On April 10, 2012, the Plaintiff asserted that the Defendant agreed with the Defendant to repay the principal and interest of the instant vehicle while using and gaining profit from the instant vehicle as indicated in the separate sheet (hereinafter the instant vehicle) and that the Defendant delivered the instant vehicle to the Defendant, but the Defendant did not repay the principal and interest of the installment, thereby cancelling the said agreement and seeking the delivery of the instant vehicle.

The defendant asserts that around April 2012, the plaintiff and the husband of the plaintiff purchased the automobile of this case to the defendant, and the defendant concluded a kind of exchange contract which moves the ownership of the automobile of this case to the plaintiff's side and received the automobile of this case.

B. Although there is no dispute between the parties as to the Plaintiff’s share of 99% and the Defendant’s share of 1% with respect to the instant motor vehicle, the evidence submitted by the Plaintiff alone is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on the use of and profit from the instant motor vehicle, such as using the instant motor vehicle and repaying the principal and interest of the installment, and there is no other evidence to

Rather, in full view of the statements in the evidence Nos. 1 and 3 and the purport of the entire argument in the witness C’s testimony, the Plaintiff purchased the instant automobile as a unit of the car and completed the ownership transfer registration under the Plaintiff’s sole name. From the next insurance premium, the Plaintiff registered 1% shares in the name of the Defendant to pay the insurance premium. The Plaintiff around the time when the Plaintiff delivers the instant automobile to the Defendant, sold the vehicle to the Defendant for KRW 80,000,000,000 owned by the Defendant and sold it from the Plaintiff’s husband and the Plaintiff’s husband and the Defendant.