어선 소유자변경등록 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 13, 2010, the Plaintiff purchased the instant fishing vessel from E in KRW 162,00,000, and completed the ownership transfer registration for the instant fishing vessel in the name of F. On November 8, 2010, the Plaintiff completed the ownership transfer registration for the instant fishing vessel in the name of G.
B. On April 6, 2012, the Plaintiff entered into a verbal agreement with Defendant B to title trust the instant fishing vessel to Defendant B’s children (hereinafter “instant title trust agreement”). On the same day, the Plaintiff completed the instant fishing vessel ownership transfer registration under the name of Defendant B.
C. After that, on March 17, 2014, each transfer of ownership registration was completed in the name of Defendant B, and each transfer of ownership was completed in the name of Defendant C, the wife of Defendant B, May 14, 2015.
In addition, on June 28, 2016, the Plaintiff sent to D a content-certified mail stating the Plaintiff’s declaration that “the termination of the instant title trust agreement” entered into with Defendant B, and the content-certified mail reached D around that time.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4, and 12 evidence (each number is included; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff, following the termination of the instant title trust agreement, allowed Defendant B to operate the instant fishing vessel on August 2013, which was subsequent to the instant title trust agreement, and decided to receive operating income from Defendant B and repay the Defendant B’s debt.
However, Defendant B paid only KRW 4,00,000 out of the operating revenue to the Plaintiff, and around 2014, Defendant B received compensation from the Jindo-gun Office for the sinking accident management, but did not return it to the Plaintiff. In addition, Defendant B conspired with D without the Plaintiff’s consent, and made a donation to the instant fishing vessel on March 17, 2014.