1. Defendant D’s respective shares of 3/7 shares, 2/7 shares, and 2/7 shares, among the construction machinery listed in the separate sheet, to Plaintiff A.

1. Facts of recognition;

A. The Plaintiffs are the successors of the deceased F (Death on August 16, 2016, hereinafter “the deceased”).

On May 14, 2016, the Deceased concluded a sales contract (hereinafter “instant sales contract”) with respect to the construction machinery listed in the separate sheet (hereinafter “instant construction machinery”) registered in Defendant E, Defendant D’s agent, and Defendant D’s name, with the purchase price of KRW 91 million (the purchase price of KRW 50 million is KRW 41 million on the date of the contract, the remainder of KRW 41 million on the date of the contract, and the payment on May 16, 2016), and Defendant E decided to cancel the mortgage created on the instant construction machinery by June 3, 2016.

B. The Deceased remitted each of the KRW 50 million on May 14, 2016, and KRW 16.41 million on May 14, 2016 to the account under Defendant D’s name, and received delivery of the instant construction machinery from Defendant E.

C. On November 10, 2016, Defendant E entered into the instant sales contract and was sentenced to a punishment of eight months for fraud as to the crime of which the sales amount was paid, inasmuch as there was no intent or ability to cancel the mortgage even if the mortgage was paid from the deceased in Busan District Court’s branch branch branch branch, and was sentenced to a punishment for fraud.

(Resan District Court 2016 Highest 1843) d.

On August 11, 2016, the Deceased deposited KRW 59,500,000,000 as the amount of mortgage by the Defendants, who did not cancel the mortgage on the instant construction machinery.

[Reasons for Recognition] Defendant D: A without dispute; entries in Gap evidence 1 through 4; the purport of the whole pleadings; Defendant E: deemed confession

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that Defendant E, an agent of Defendant D, concluded the instant sales contract with respect to the instant construction machinery, and paid the full amount of the sales price. As such, Defendant D is obligated to implement the procedures for ownership transfer registration with respect to the instant construction machinery to the Plaintiffs, who are the inheritor of the deceased. The Defendants conspired to pay the purchase price in full, even if they received the payment.