1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. The first instance court dismissed the claim regarding the portion corresponding to the amount paid in advance by November 10, 2013 listed in the table of individual rehabilitation creditors among the amount requested by the Plaintiff, and rendered a judgment citing the Plaintiff’s claim against the remainder.

Since only the defendant appealed against this, the dismissed part of the above claim is not included in the scope of the trial of this Court.

2. Facts of recognition;

A. On April 1, 2004, the Defendant: (a) entered into an entrustment management agreement with the Plaintiff providing cargo transportation services on the part of April 1, 2004 with the content that the ownership registration title of B truck (hereinafter “the instant cargo vehicle”) shall vest in the Plaintiff; and (b) while operating the instant cargo upon being entrusted with the instant cargo vehicle’s operation and management right; and (c) entered into the said entrustment management agreement with the Plaintiff to pay monthly admission fees, taxes and public charges, deductible contributions, and insurance premiums (hereinafter “instant consignment management agreement”).

B. On August 7, 2013, the instant consignment management contract was terminated, and on August 13, 2014, in the instant cargo case, the Changwon District Court Seoyang Branch 2013da2858 (main claim), and 2014Gadan194 (Counterclaim), the judgment that the Plaintiff followed the procedures for the registration of ownership transfer on the ground of the termination of the instant consignment management contract to the Defendant, and that the Defendant accept the said procedures to the Plaintiff (hereinafter “performance judgment”), was finalized on September 3, 2014.

C. On April 4, 2016, the Plaintiff filed an application with the Busan Metropolitan City Office for the registration of transfer of ownership due to the confirmation of the above performance judgment, and accordingly, the procedure for the registration of transfer of ownership of the instant cargo vehicle was completed to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's 3, 5, Eul's 9 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

3. The parties' assertion and judgment

A. The plaintiff's assertion 1 is asserted by the parties.