1. Revocation of a judgment of the first instance;

2. The defendant is a motor vehicle listed in the annexed list of motor vehicles from the plaintiff.

1. Facts of recognition;

A. On March 27, 2013, the Plaintiff decided to purchase a motor vehicle listed in the [Attachment 1] List owned by the Defendant (hereinafter “TK logistics”) from the Defendant for KRW 40 million (hereinafter “instant cargo vehicle”).

(hereinafter “instant sales contract”). Accordingly, the Plaintiff paid 4 million won a down payment to the Defendant on the same day ( March 27, 2013) and received the instant cargo from the Defendant.

B. After that, the Plaintiff paid KRW 2 million to C who arranged the instant sales contract at the Defendant’s request on April 5, 2013, and paid KRW 4 million to the Defendant on May 15, 2013.

C. Meanwhile, the instant cargo vehicle was subject to a mortgage established as “a mortgagee: A Capital Co., Ltd.; debtor; Defendant; and claim value: KRW 44 million;” but the Plaintiff borrowed KRW 30 million from the Songcheon Saemaul Community Depository on May 21, 2013, and paid KRW 30 million in total to Aju Capital Co., Ltd and the Defendant as the remainder of the instant truck sales price.

B. On May 23, 2013, the Plaintiff sent documents necessary for the Plaintiff to enter into a new entry contract with the company, such as the trucking consignment management contract form of the trucking transport business, the certificate of personal seal impression business operator, the letter of delegation of the certificate of the instant cargo vehicle registration, and the certificate of the vehicle registration of the instant cargo vehicle, to the Taejin Transportation, which had been considered as a new company for the instant cargo vehicle. On May 28, 2013, Taejin Transportation received the said documents on May 28, 2013 (Plaintiff’s assertion May 29, 2013).

On the other hand, on May 28, 2013, the Plaintiff created a mortgage on the instant cargo vehicle at the Songcheon Saemaul Depository’s credit price of KRW 30 million.

E. However, on May 30, 2013 with respect to the instant cargo, the registration of seizure was completed upon the request of the Director General of the astronomical Tax Office on the instant cargo, and the total of 10 registrations, including the aforementioned seizure, were completed until April 26, 2014.

【Ground of recognition】 There is no dispute;