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(영문) 광주지방법원순천지원 2020.02.20 2019가단76150

선박

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion and the defendant's reference C made a title trust agreement with respect to the ship listed in the attached Form, which is registered as the defendant's owned by the defendant (hereinafter "the ship of this case"), and the plaintiff paid the purchase and repair cost of the ship of this case to C.

Since the Plaintiff expressed his/her intention to terminate the title trust on October 18, 2018, the Defendant shall implement the procedure to change the ownership of the instant vessel in the name of the Plaintiff, and deliver the said vessel to the Plaintiff.

2. According to the evidence No. 1-1 and No. 2-2 of the judgment, a “business investment agreement” was prepared under the name of the Plaintiff and the Defendant’s attached C to the effect that “the Plaintiff entrusted management to C because the instant vessel was purchased with the Plaintiff’s money.” The date of preparation is not indicated, and another “business investment agreement” was prepared as of March 19, 2013 in the name of the Plaintiff and C, and this is recognized to the effect that “the Plaintiff would bring the instant vessel, etc. where the Plaintiff invested in the collection business with a certain amount of money and fails to recover the money thereafter.”

However, the above factual basis alone is insufficient to deem that the agreement on title trust was concluded between the Plaintiff and the Defendant on the instant vessel, and there is no clear evidence to acknowledge otherwise even if all the evidence submitted by the Plaintiff was examined.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is without merit, and all of them are dismissed. It is so decided as per Disposition.