1. Revocation of a judgment of the first instance;

2. All of the plaintiff's main claims are dismissed.

3. The plaintiff as added at the trial.

Basic Facts

On December 2009, the Plaintiff agreed to sell F AUDI A6.2.4 automobiles (2006 forms, chassis number G, hereinafter “instant automobiles”) to Defendant B as of March 31, 2010 on the payment date, and on December 31, 2010.

(2) The Defendant B paid to the Plaintiff KRW 10,00,000 for the remainder of the purchase price under the condition that the secured obligation of the said mortgage was taken over, on the ground that the instant automobile was subject to a mortgage of KRW 30,00,000,00 for creditors H and the bond value of KRW 30,000.

On December 23, 2009, the Plaintiff delivered the instant automobile to Defendant B. On January 5, 2010, the Plaintiff completed the ownership transfer registration for the instant automobile in the future of Defendant B.

Defendant B failed to pay the purchase price until March 31, 2010, which is the date of payment stipulated in the instant sales contract, and delivered the instant automobile to D, which is a motor vehicle dealer, on June 24, 2010, according to the demand of E to dispose of the instant motor vehicle and to request payment of some of the purchase price.

D On July 2010, 2010, 18,000 won was sold to I for the first time, and 27,000,000 won was deducted from the vehicle repair cost for the damaged part during Defendant B’s operation and the expenses required to release the seizure of the instant vehicle. Defendant B paid 18,00,000 won to E upon Defendant B’s request.

On the other hand, on April 11, 201, the Defendants: (a) paid KRW 70,000,000 to the Plaintiff by June 30, 201; and (b) prepared and delivered to the Plaintiff a letter stating that Defendant C, the mother of Defendant B, guaranteed the same (hereinafter “each letter of this case”).

E around July 201, it delivered to the Plaintiff KRW 15,00,000, out of the instant automobile sales amount of KRW 18,000,000, which was received from D as above.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, 4, 5, 6, Eul evidence Nos. 1, 2, 3, 5, 12, and 13 (including each number; hereinafter the same shall apply), witness D in the first instance trial.