1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's primary claim corresponding to that part is revoked.

1. Basic facts

A. C completed the transfer of ownership on September 20, 2012 with respect to the instant automobile.

B. On July 26, 2013, the Defendant prepared a motor vehicle transfer certificate (hereinafter “instant transfer certificate”) concerning the motor vehicle listed in the J and the annexed sheet (hereinafter “the instant motor vehicle”). The upper part of the said transfer certificate is written as “motor vehicle transfer certificate (for the motor vehicle dealer transaction)”, “C’s agent in the transferor column,” and “J” in the transferee column, and the name and seal of “F Plaintiff” in the motor vehicle dealer column and the signature of J. 33,00,000 in the transaction amount column, and “motor vehicle price shall be N account transfer” in the lower part of the transfer certificate.

C. The J deposited KRW 33,00,000 into the bank N account at the time of the preparation of the instant transfer certificate, and received the registration certificate of the instant vehicle registered by the Defendant C as its owner.

On July 29, 2013, the Plaintiff completed the transfer of ownership registration for the instant automobile on July 28, 2013 due to the purchase on July 28, 2013.

[Ground of recognition] The facts without dispute, Gap evidence 2 through 4, 6, Eul evidence 2, 6, and 8 (including each number), the testimony of the witness of the court of first instance by the J, the result of the examination of the defendant himself by the court of first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s primary claim 1) Plaintiff’s assertion ① The Defendant is obligated to possess the instant automobile owned by the Plaintiff and deliver it to the Plaintiff. ② In addition, the Plaintiff concluded a sales contract with the Defendant as his agent on July 26, 2013 and paid the price in full. As such, the Defendant is obligated to deliver the instant automobile to the Plaintiff even according to the above sales contract. 2) Even if the judgment of the Plaintiff acquired the ownership by completing the ownership transfer registration for the instant automobile, the Defendant is currently holding the instant automobile.