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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The plaintiff's total costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. On September 2012, the Defendants advertised to sell a motor vehicle listed in the separate sheet jointly owned by the Defendants (hereinafter “instant motor vehicle”) on the Internet’s website in order to sell the motor vehicle.
B. After the Defendants’ advertisement for the sale of the instant vehicle was conducted, C prepared a sales contract with Defendant B on September 25, 2012, in collusion with Nonparty D, E, E, and F for the intent to acquire the purchase price by selling the instant vehicle to a third party even if the said vehicle was delivered with the Defendants, and concluded that Defendant B would pay any balance after completing the procedure for inspection of performance and ownership transfer registration of the instant vehicle.
Accordingly, the Defendant B prepared a sales contract concerning the instant automobile with C, and delivered a motor vehicle registration certificate, a letter of delegation for the transfer of a motor vehicle with which the Defendants’ seal impression affixed, a certificate of the Defendants’ respective personal seal impression and local tax payment certificate, a certificate of the motor vehicle register, a report of the history of a serious accident (hereinafter “the instant documents, etc.”) to C, and delivered the relevant motor vehicle.
C. On September 25, 2012, the Plaintiff: (a) was a corporation operating a secondhand car sales shop; (b) Nonparty H and I, the Plaintiff’s employees Nonparty H and I confirmed the instant vehicle after obtaining the instant registration certificate, etc. from C; and (c) checked the instant vehicle, which C brought about; and (d) transferred the price to C account in the name of C on the same day.
Since then, the Plaintiff intended to register the transfer of ownership of the instant vehicle, but failed to complete the transfer of ownership due to the Defendants’ vehicle theft report on September 25, 2012.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, 5, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 8-1, 2, Gap evidence 9, 12, Eul evidence 1, Eul evidence 2-1 through 18, respectively.