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(영문) 대전지방법원홍성지원 2016.11.30 2016가단1861

선박소유권확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 29, 2000, the Plaintiff newly registered as the owner in the fishing vessel registry of C (fishing vessel No. 4, hereinafter “instant 1 fishing vessel”). From around that time, E and the Defendant, who is the vegetable, operated the fishery using the instant 1 fishing vessel.

On February 25, 2005, the Plaintiff and E, E, changed the owner’s name in the fishing vessel registry of the instant 1 fishing vessel.

On December 4, 2007, “F” received KRW 38,542,00 as the amount of depreciation compensation for the instant 1 fishing vessel from Boan-si on December 4, 2007, and “F” issued to the Defendant the passbook and the seal deposited on December 5, 2007.

Defendant and E, a small fishing vessel of less than 20 tons from F on November 2007, after purchasing KRW 12 million from H (a fishing vessel number H, February 11, 2008, the name of the vessel was changed to J on December 27, 2010; hereinafter “instant 2 fishing vessel”), the Defendant and E, a small fishing vessel of less than 20 tons from F, had been engaged in fisheries by using the repair cost of KRW 29.6 million after receiving KRW 1 million (= KRW 20 million of engine 21 million of vessel, KRW 3.6 million of vessel communication network of KRW 4 million of vessel).

on July 16, 2009, K (Defendant and E) changed the ownership of the instant 2 fishing vessel’s fishing vessel registry, and the Defendant changed the ownership of the instant 2 fishing vessel registry on December 27, 2010.

On April 2015, the Defendant and E applied for the reduction of the amount of the instant 2 fishing vessel due to the closure of the coastal and inshore fishery business, and on November 4, 2015, the lower court decided to grant the Defendant the purchase subsidy of KRW 20,213,500 and the purchase subsidy of KRW 30,048,00 in total, KRW 50,000 (hereinafter “the instant compensation”).

On April 21, 2016, the Daejeon District Court rendered Red Branch Decision 2016No. 499, and whether the right to receive the instant compensation belongs to anyone among the Plaintiff and the Defendant.