1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On July 6, 2013, the Defendant acquired the vehicle number for the transport business of FMM 4.5 tons of truck from FMM 2 Co., Ltd. (hereinafter “instant vehicle number”) and transferred it to the Plaintiff on July 8, 2013, and received KRW 18,00,000 from the Plaintiff on July 8, 2013.

B. On July 31, 2013, the Plaintiff completed the registration of transfer of the instant truck as G, and the Plaintiff’s report of transfer of trucking transport business was accepted from the head of Gangnam-gu Seoul Metropolitan Government on August 16, 2013.

C. On November 19, 2013, the Plaintiff reported the scrapping of G to E-Eth (H on the back of the chassis number).

On January 4, 2012, the Plaintiff was found to have illegally increased the number of the instant vehicle from the head of Gangnam-gu Office by filing a report on the scrapping of the instant vehicle from a truck for special use (cleaning) to a general truck. As such, the Plaintiff was notified of G to restore G to its original permitted cleaning purpose or to voluntarily cancel it. On February 17, 2017, the Plaintiff filed a voluntary reduction report with the head of Gangnam-gu Office on G.

[Ground of recognition] Unsatisfy, each entry in Gap's 1 to 3 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff transferred the instant vehicle number, which was illegally increased by which it is impossible to carry on the trucking transport business, to the Plaintiff, and the Defendant is liable to compensate the Plaintiff for damages equivalent to the acquisition price, as it constitutes tort or nonperformance of obligation. 2) After the Defendant’s transfer of the instant vehicle number, the Plaintiff, through the Association, known the fact that the vehicle number was illegally increased by the Plaintiff, and the Defendant transferred the instant vehicle number to the Plaintiff free of charge, and the Defendant attempted to cancel the transfer contract for the instant vehicle number, but it was not possible to withdraw the report on the transfer of the transport business accepted to the head of Gangnam-gu.