1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) traded on September 20, 2017 a motor vehicle indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

1. On September 20, 2017, the Plaintiff confirmed a motor vehicle indicated in the separate sheet owned by the Defendant (hereinafter “instant motor vehicle”), which was driven by C, and concluded a contract to purchase KRW 5,000,000 with C in the name of the Plaintiff and the Defendant to purchase the instant motor vehicle (hereinafter “instant sales contract”), and remitted down payment of KRW 5,00,000 to the Defendant’s national bank account.

On September 25, 2017, through C, the Plaintiff received the Defendant’s certificate of personal seal impression and registration certificate for the sale of the instant vehicle, stating the Plaintiff’s personal information, in the buyer column, and transferred the remainder 49,640,260 won (the remainder after deducting the seized amount from KRW 50,000,000, KRW 359,740) to the Defendant’s national bank account.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. Determination as to the principal lawsuit

A. 1) The parties’ assertion that: (a) the Plaintiff: (b) delegated the right to conclude the instant sales contract to C; (c) the Defendant was obligated to transfer the ownership of the instant automobile; and (d) the Defendant is liable pursuant to the instant sales contract in accordance with the legal doctrine as an expression agent under Article 126 of the Civil Act. Accordingly, the Defendant asserts that the instant sales contract is null and void or that the instant sales contract was concluded as a sales agent for the Plaintiff’s used vehicle; (b) the Defendant’s responsible Defendant, under the instant sales contract, transferred the instant motor vehicle to C on September 20, 2017 and received KRW 5,00,000 from the Plaintiff on the same day; and (c) on September 25, 2017, upon obtaining a certificate of personal seal impression issued by the Plaintiff on the buyer’s column for sale and delivery of the instant motor vehicle to C, and on September 25, 2017, the Plaintiff delivered the certificate of personal seal impression and the instant motor vehicle to C, and delivered it from the Plaintiff 49,64.