1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

1. Basic facts B was the owner of C dump trucks (hereinafter “the instant dump trucks”). As Defendant B failed to repay its debts to Defendant Fump Capital Co., Ltd, Defendant Nump Capital Co., Ltd filed an application for auction regarding the instant dump trucks.

On January 22, 2015, the third sale date of the dump truck auction case of the Daegu District Court D Construction Machinery Voluntary Auction case (hereinafter “instant auction”), the Plaintiff was the highest bidder, and the Plaintiff paid in full the sale price on February 26, 2015.

On the other hand, B reported on January 21, 2015 to change the use of the instant dump truck from its business to its own use in accordance with Article 5 of the Construction Machinery Management Act, and the dump truck market accepted the above report on the same day and entered the same change in the construction machinery register on the same day.

(As the purpose of use has been changed, the vehicle number has been changed from C to E). However, in the sale statement, etc. of the auction case, the fact that the use of dump truck of this case has been changed on the day immediately before the date of sale was not stated.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion 1 regarding the claim against Defendant Republic of Korea purchased dump trucks through the instant auction procedure on the premise that the use of the instant dump trucks is business use.

However, on the wind that a public official belonging to the enforcement officer of the defendant Republic of Korea did not state the above change in the sale specification by the date of sale, the plaintiff acquired a dump truck as a private use at a relatively lower price than for business use, and suffered losses corresponding to the difference in the market price.

Thus, Defendant Republic of Korea shall do so.