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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
The judgment below
According to its reasoning, the court below held that it is difficult to view that the evidence submitted by the defendant does not fit the substance of the consignment sale contract with the plaintiff and C, considering the following: (a) as long as the consignment sale contract for the automobile of this case was concluded between the plaintiff and C and the defendant purchased the automobile of this case and delivered them by Eul, the defendant has a legitimate authority to possess the automobile of this case; (b) the consignment sale contract of this case cannot be deemed as a document completed because the plaintiff did not sign and seal as the truster; and (c) there was no other disposition document to recognize that the plaintiff concluded the consignment sale contract of this case with the plaintiff; and (d) the plaintiff did not completely deliver the certificate of personal seal impression, registration certificate, etc. necessary for the transfer registration of ownership; and (e) such attitude of the plaintiff shows that the plaintiff did not intend to grant C the right to dispose of the automobile of this case or to accept the validity of the sales contract of this case which
The judgment below
Examining the reasoning in light of the relevant legal principles and the record, the lower court’s determination dismissing the Defendant’s assertion that the Defendant had legitimate title to possess the instant vehicle is just and acceptable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, by misapprehending the legal doctrine regarding confession, establishment and formation time of contract, consignment sale, etc., or by
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.