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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. Determination
A. (1) The Plaintiff asserted that the primary claim was determined (A) incurred a total of KRW 136,217,768 in vehicle delivery and installments in accordance with the title trust agreement regarding the instant vehicle, but the Defendant disposed of the instant vehicle.
The defendant is obligated to refund the above KRW 136,217,768 and delay damages to the plaintiff, or to return the vehicle existing in consideration of depreciation (=136,217,768 won) x 160,406,050 won (as of October 18, 2013, which is the date of vehicle sale) / 235,153,90 won (as of January 22, 2012) and delay damages to the plaintiff.
(B) As seen earlier, it is reasonable to view that, as seen earlier, the Plaintiff agreed to fully lend the name of the Defendant to run the document crushing business, and to pay part of the sales amount to the Defendant in return for the name lending, as to the instant vehicle, which is a major asset for the instant business, the Plaintiff owned the ownership between the Plaintiff and the Defendant, and managed and profit from the ownership, and only the name of the trustee in the public register,
Even if the defendant disposed of the instant vehicle owned by the plaintiff under title trust, there is no evidence to prove that the defendant obtained the benefit of the plaintiff's assertion, so the plaintiff's above assertion is without merit.
B. According to the facts of the judgment on the conjunctive claim (1) on the ground of a claim for damages based on a tort, the Defendant disposed of the instant vehicle owned by the Plaintiff without permission pursuant to the title trust agreement, and the Plaintiff thereby sustained damages equivalent to KRW 136,217,768, such as the installment of the vehicle paid for the instant vehicle.