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(영문) 대구지방법원경주지원 2017.07.04 2016가단12529

근저당권말소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 5, 2006, Plaintiff A is the owner before completing the registration of ownership transfer for 95/100 shares of the instant vessel, which is the fishing fishing vessel, from among the instant vessels, which is the fishing fishing vessel, and the ownership before completing the registration of ownership transfer for 5/100 shares among the instant vessels on May 3, 2006. Nonparty D is the owner before completing the registration of ownership transfer for the instant vessel on March 8, 201. Plaintiff B is the husband of the instant vessel; Plaintiff B is the husband of the instant vessel; Plaintiff B is the actual owner of the instant vessel, trawer E and F (hereinafter “Defendant vessel”); and each of the instant owners of the instant vessels.

B. Around March 2, 2007, the Defendant established a mutual assistance agreement with Defendant A (her husband)’s agent, the former owner of the instant vessel, through his agent G (hereinafter “instant mutual assistance agreement”). Around March 2, 2007, a mutual assistance agreement between Defendant A (her husband) and Defendant B (her husband) about seven years of agreement, 20% of the catch of house fishing expenses, and advance 550 million won (hereinafter “instant mutual assistance agreement”).

A) The Defendant concluded a contract. Of advance payment, KRW 150 million, the Defendant decided to substitute the claim for the construction cost of the instant vessel previously owned with D, and paid the remainder of KRW 400 million to D. 2) At the time, Plaintiff A, the owner of the instant vessel, as of January 2, 2007, added the maximum debt amount of KRW 250,000,000 to the instant vessel as of January 2, 2007, and the establishment registration of the neighboring mortgage as the Defendant for the obligor A and the mortgagee, and completed the registration of the establishment of the mortgage as the Defendant on March 5, 2007.

C. The instant vessel and the Defendant vessel engaged in the mutual aid operation from August 8, 2008 pursuant to the mutual aid agreement between the mutual aid operation and the mutual aid operation of this case, and the Plaintiffs received the total of KRW 1,309,486,000 from the Defendant during the period from August 8, 2008 to February 28, 2011.

1. The preparation, etc. of a note of payment.