1. The plaintiff's claim that the court changed in exchange is dismissed.

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

1. Basic facts

A. On October 31, 201, the Defendant purchased at KRW 70,000,000 from D’s representative director D of C (hereinafter “C”) the ceiling air owned by C (F after the initial registration was made in E, but the registration number was changed to F; hereinafter “the instant ceiling air”) and paid KRW 70,00,000 to D on the same day.

Defendant and D agreed that the name on the construction machinery register will not be transferred, but C will issue promissory notes at par value of KRW 77,000,000 to the Defendant.

From that time, the Defendant occupied the instant astronomical air from that time to that time.

B. On February 10, 2012, the Plaintiff acquired ownership of the instant astronomical air and registered as an owner on the construction machinery register.

On December 5, 2016, the registration of the instant astronomical air was cancelled ex officio due to the failure to conduct an inspection under Article 6(1) of the Construction Machinery Management Act.

[Ground of recognition] Facts without dispute, Gap 4, 9, 10, 11 and 33, witness D, G's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. On February 8, 2012, the Plaintiff asserted that the Plaintiff purchased the instant astronomical air from C in KRW 55,000,000. On the same day, the Plaintiff agreed to lease four astronomical air including the instant astronomical air to C, and to receive KRW 22,00,000,000 per month ( KRW 5,50,000 per 1) from C.

The plaintiff suffered damages equivalent to 132,00,000 won (5,500,000 won x 24) for a 24-month rent for the defendant, and thus, the defendant claims damages of 60,000,000 won for the defendant, which he claims that he would have judged damages by paying to D, taking into account the amount of 70,000,000 won as claimed by the defendant.

B. The following facts or circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence and evidence Nos. 12, 13, 25, 26, 29, and 3, 4, and 5, i.e., the following facts or circumstances: (a) D was disposed of on January 9, 2012 by C; (b) H, the representative director of the Plaintiff, transferred the ownership of the instant Incheon Air to the Plaintiff, thereby transferring the title to C.