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(영문) 부산지방법원 2017.03.30 2016구합20747

압류처분취소

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1. The Defendant on February 5, 2016, against the Plaintiff’s Ministry of Oceans and Fisheries and the Korea Ocean Industry Association, compensation for the reduction of 608.

Reasons

1. Basic facts

A. On September 25, 1997, the defendant ordered to remove the above vessel within 10 days and ordered to execute it by vicarious execution when refusing to comply with Article 26(1) of the former Public Order in Open Ports Act (amended by Act No. 5454, Dec. 13, 1997; hereinafter the same).

On November 20, 1997, the Defendant completed the work to remove the above vessel in accordance with Article 26(2) of the former Public Order in Open Ports Act.

(hereinafter “instant vicarious execution”). B.

The defendant, on January 7, 1998, notified the manager of Thai Fri, that he will pay 253,754,460 won for the vicarious execution of this case by January 30, 1998, but the manager did not pay it by the due date.

Accordingly, on April 30, 1998, the Defendant seized the 608 Mai-ho-ho (hereinafter “the instant vessel”) holding 608 Mai-ho (hereinafter “the instant vessel”) on the ground that the said vicarious execution cost was in arrears of KRW 253,754,460.

C. On January 13, 2009, the Plaintiff completed the registration of ownership transfer for the instant vessel on the grounds of sale.

On October 7, 2015, the Plaintiff applied for the reduction of the vessel of this case to the Minister of Oceans and Fisheries on November 6, 2015 and was selected as the person eligible for the reduction of the vessel of this case.

After completing the decommissioning and cancellation of registration of the instant vessel, the Plaintiff applied for the payment of depreciation compensation to the Ministry of Oceans and Fisheries on December 23, 2015.

E. On February 5, 2016, the Defendant seized the Plaintiff’s claim for depreciation compensation against the Ministry of Oceans and Fisheries and the Korea Ocean Industry Association on the ground that the Plaintiff was delinquent in paying additional KRW 406,345,330,00 (=253,754,460, KRW 152,590,870), including additional KRW 152,590,870,000.

(hereinafter referred to as “instant attachment disposition”). [The grounds for recognition] does not dispute, A.