1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

Basic Facts

Around July 2013, the Defendant was operating the instant machinery by putting the instant machinery into E (hereinafter “E”). However, when the installment payment was overdue, the Defendant applied for voluntary auction on the instant machinery to Daejeon District Court red support G on July 22, 2013.

The Plaintiff was a company that runs the business of waste collection and transportation business or construction machinery rental business, and was engaged in the collection and transportation business of the instant machinery from the Defendant’s request on September 9, 2013. On September 11, 2013, the Plaintiff took over the instant machinery from the E upon the Defendant’s request. On September 11, 2013, the Plaintiff borrowed the instant machinery as collateral and paid the overdue installments to F and withdrawn the said auction. On the same day, the Plaintiff completed the ownership transfer registration for the instant machinery in the name of the Plaintiff.

Around that time, the Plaintiff and the Defendant entered into a verbal contract (hereinafter “instant agreement”) with the purport that “The Defendant shall bear installment payments, oil payments, repair expenses, insurance premiums, and various public charges for Heg Capital while operating the instant machine, and the Plaintiff shall transfer the ownership registration of the instant machine to the Defendant upon the completion of the repayment of installments.”

On December 1, 2015, the Plaintiff entered into a transfer contract with the Defendant stating that “the Plaintiff shall transfer the instant shares to the Defendant, and the Defendant shall pay KRW 200,000,000” (hereinafter referred to as “instant agreement”), and around that time, the Plaintiff entered into a transfer contract with the Defendant that “The Plaintiff shall transfer the ownership of the instant shares to the Defendant.

[Ground of recognition] The machinery of this case is owned by the plaintiff before the defendant fully pays all kinds of public charges and installments related to the machinery of this case according to the agreement of this case, according to facts without dispute, Gap evidence Nos. 1 through 3, 7, 8, and 9, and the purport of the whole argument of the plaintiff as a whole.

Therefore, the instant share agreement is merely a transfer of the instant share to the Defendant in the form of form.