1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall list the attached list from the plaintiff.

1. Facts of recognition;

A. On April 2, 2017, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 21,300,000,00 of the automobiles listed in the attached Table (hereinafter “instant automobiles”) in the first instance joint Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”).

(1) The defendant asserted that the party to the sales contract of this case is the defendant company, but according to the following evidence, the transferor, the transferee, and the plaintiff are stated respectively as the defendant, and the transfer registration of the ownership of the motor vehicle of this case was made from the defendant in the future. It is reasonable to view the party to the sales contract of this case as the defendant).

The Plaintiff paid the purchase price and completed the transfer of ownership on April 4, 2017 after receiving the instant automobile.

C. At the time of the conclusion of the instant sales contract, the Plaintiff indicated “no” as a type of flood on the inspection records of the performance and condition of used cars that were received by the Plaintiff. However, as a result of the appraisal, the instant automobile was diagnosed as a flood vehicle, such as that there was a trace of the inflow of soil into engines, electric equipment, etc., and that the corrosion caused by the inflow of water into the wheelchairss is under way.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence No. 3, the result of the appraisal commission to D by this court, the purport of the whole pleadings

2. According to Article 58-5(1)1 of the former Automobile Management Act (amended by Act No. 14950, Oct. 24, 2017; hereinafter the same) to determine the cause of the claim, the buyer of a motor vehicle who entered into a sales contract by means of the sale or purchase intermediary of the motor vehicle dealer falls under the mileage, accident or inundation of the relevant motor vehicle, within 30 days from the delivery date of the relevant motor vehicle, in cases where the fact of performance and condition inspection differs from the details of the notification.