1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) traded on May 21, 2015 with respect to the motor vehicles indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

1. Determination on the main claim

A. On May 21, 2015, the gist of the Plaintiff’s assertion: (a) purchased automobiles listed in the separate sheet owned by the Defendant (hereinafter “instant automobiles”) from the Defendant and paid the purchase price in full; and (b) the Defendant is obligated to implement the procedure for ownership transfer registration for the instant automobiles to the Plaintiff.

B. In full view of each of the statements in Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3 (including paper numbers), and the purport of the whole pleadings in the testimony of witness C, the plaintiff entered into a sales contract for the automobile of this case with the defendant's representative director as of May 21, 2015, and the fact that the plaintiff paid the purchase price pursuant to the above sales contract to the defendant on the same day and delivered the automobile of this case from the defendant, respectively, the defendant is obligated to implement the transfer registration procedure for the automobile of this case to the plaintiff on May 21, 2015.

2. Judgment on the counterclaim

A. Although the Plaintiff did not lawfully acquire the ownership of the instant vehicle from the Defendant, the Plaintiff is obligated to deliver the instant vehicle to the Defendant without permission from May 21, 2015, and to return the amount calculated at the rate of KRW 10,400,000 per month from June 8, 2016 to the completion date of delivery of the instant vehicle.

B. The judgment was examined, and the buyer of the automobile did not complete the ownership transfer registration.

Even if a motor vehicle is delivered for the performance of a sales contract, it shall have the right to possess and use it as the effect of a sales contract.

Therefore, the seller exercises the right of claim based on the ownership of the automobile against the buyer, or there is no legal ground for the possession and use.