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1. As to the construction machinery listed in the separate sheet No. 1 between the Plaintiff and Aju Capital Stock Company.
Reasons
1. Basic facts
A. On September 1, 2011, with respect to construction machinery listed in the separate sheet No. 1 (hereinafter “the instant dump truck”), which was owned by the Plaintiff, the mortgage creation registration listed in the separate sheet No. 2 (hereinafter “the instant mortgage”) was completed on September 1, 201, as to the mortgagee Adump Capital Co., Ltd., the debtor, the debtor, and the bond value of KRW 88,00,000.
B. On July 24, 2015, the Plaintiff entered into a sales contract with the Defendant for the instant dump truck (hereinafter “instant sales contract”), and received KRW 13,500,000 as down payment from the Defendant, and delivered the said dump truck to the Defendant.
C. As to the instant dump truck, the registration of change of ownership was completed in the name of C on July 27, 2015, in the name of a limited partnership company in the name of White Environment on July 30, 2015, and C again in the name of C on the same day, and on September 9, 2015, in the name of A Food Holdings Co., Ltd.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal
2. Determination
A. The Plaintiff’s assertion 1) The instant dump truck’s sales contract was concluded verbally between the Plaintiff and the Defendant. At the time, the Plaintiff and the Defendant paid 13,500,000 won for the instant dump truck’s sales price to the Plaintiff, and the Defendant acquired the instant mortgage-backed obligation instead of paying the remainder of the sales price, and various seizures, etc. on the instant dump truck were agreed to be resolved by the Defendant. The Defendant arbitrarily stated the content of the sales contract (No. B. 1) on the ground that it is necessary for the termination of the mortgage, etc., and the Plaintiff had the seal imprint and the seal imprint issued by the Plaintiff, affixed the Plaintiff’s seal imprint and affixed the Plaintiff’s seal imprint, and did not perform the obligation to accept the said dump truck’s obligation. 2) Accordingly, the Defendant paid the Plaintiff KRW 13,50,000,000 for the remainder of the sales price, and the Defendant paid KRW 2,500,00 for the remainder.