1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is the owner of a motor vehicle listed in the separate sheet (hereinafter “instant truck”) with the trade name of “C”, who carries on a used vehicle sales business.

B. While the Plaintiff intended to purchase freight trucks, the Plaintiff introduced the instant truck from D (which seems to run a car dealer), and transferred the instant truck to the Defendant’s deposit account on August 21, 2015, KRW 26 million as the sales price of the instant truck.

C. After receiving the above KRW 26 million from the Plaintiff, the Defendant transferred KRW 10 million to D on August 21, 2015 on the same day.

On the other hand, on August 21, 2015, the Defendant and D drafted a sales contract where the Defendant sells D the instant truck to D at KRW 29.5 million (the contract date, the balance of KRW 5 million shall be paid as of August 28, 2015).

E. Afterward, the Defendant consigned the instant truck to the Plaintiff upon D’s request, and currently possesses the instant truck.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 3, 5 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. On August 21, 2015, the Plaintiff asserted that the instant truck was purchased from the Defendant for KRW 26 million with the introduction of D, and paid the purchase price in full.

Therefore, the Defendant should implement the procedure for the registration of ownership transfer on the instant truck to the Plaintiff.

B. The Defendant alleged that the instant truck was a sales contract with D, but did not conclude a sales contract with the Plaintiff with respect to the instant truck.

In addition, the amount of KRW 26 million that the Plaintiff remitted to the Defendant is part of the purchase price that D paid to the Defendant, and the amount of KRW 10,000,000,000,000,000,000, which D returned to D, is not paid in part, for the reason that D returned the amount of KRW 10,000,000 to D on the remaining date.

The defendant shall set D's answer.