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(영문) 서울남부지방법원 2018.07.24 2017가단31634

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On February 29, 200, the Plaintiff purchased approximately KRW 55,000,000 (a fishing vessel number D; hereinafter “instant 1 fishing vessel”) from February 29, 200, and registered as the first owner in the fishing vessel registry in the name of the Plaintiff. Since around that time, E and the Defendant, who is the her wife, had engaged in fisheries using the instant 1 fishing vessel.

(2) On February 25, 2005, the Plaintiff registered the change of the owner in the name of F, which is entered in the fishing vessel registry of the first fishing vessel of this case.

(3) However, due to the implementation of the coastal fishery restructuring project, the instant 1 fishing vessel was purchased at Boan-si, and F received KRW 38,542,00 as compensation for the instant 1 fishing vessel from Boan-si on December 4, 2007.

B. On July 15, 2007, the Plaintiff, including the registration and change of the owner of the instant 2 fishing vessel, intended to purchase a new fishing vessel and engage in the fishery business by Defendant and E, and had F deliver the passbook and seal deposited with the said compensation to the Defendant’s husband and wife to use it as the funds for purchasing the fishing vessel.

(2) The Defendant and E purchased KRW 12,00,00, from G, the amount of KRW 38,542,000 for the depreciation compensation for the 1 fishing vessel from the Defendant via F, for KRW 38,542,00,00 from G, which is a small-sized fishing vessel of less than 20 tons (the name of the fishing vessel number I, the name of the vessel was changed to J on February 11, 2008, and on December 27, 2010; hereinafter “instant 2 fishing vessel”); and the remainder of the depreciation compensation, the Defendant and E accepted the hull, engines, fishing vessel communications network, and route, etc.

(3) The Defendant and E registered the name of the owner of the instant 2 fishing vessel as L, a parent, on December 27, 2010. On December 27, 2010, the Defendant, with respect to the instant 2 fishing vessel, was engaged in fisheries in the coastal sea by using the instant 2 fishing vessel with the permission for coastal net fishing and coastal complex fishing.

C. The Defendant, on April 2015, issued the instant 2 fishing vessel’s reduction disposition (1) regarding the instant 2 fishing vessel.