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(영문) 광주지방법원순천지원 2020.10.21 2019가단83127

어선등록절차이행 청구의 소

Text

1. The plaintiff's lawsuit against the defendant B against the cancellation of transfer of ownership on the fishing vessel listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The plaintiff and the defendant D, E, F, and G are children of the deceased H (Death of April 22, 2005) and the deceased C, and the defendant B is the wife of the defendant D.

B. The deceased on May 1, 2020, when the instant lawsuit was pending, the deceased on May 1, 2020, and the Plaintiff and the Defendant D, E, F, and G inherited the network C, such as the shares in the attached Table 2.

C. On July 18, 1997, the registration of ownership (new registration) was completed with respect to the fishing vessel listed in the separate sheet No. 1 (hereinafter “instant fishing vessel”) under the name of the deceased H, and on May 12, 2005, the registration of ownership transfer was completed in the name of the network C, and on May 18, 2018, the registration of ownership transfer was completed in the name of the Defendant B.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff purchased the fishing vessel of this case with money, and thus the plaintiff is the actual owner of the fishing vessel of this case, and due to the issue of payment of compensation for sea pollution, the registration of ownership of the fishing vessel of this case in convenience net C was registered in title trust. The plaintiff terminated the above title trust agreement with respect to the fishing vessel of this case.

However, on May 18, 2018, Defendant B transferred the ownership registration of the above fishing vessel to the principal without permission, and the ownership transfer registration of Defendant B should be cancelled as a cause invalidation.

(A) The Plaintiff did not clearly state the cause of the claim; however, the Plaintiff’s claim for the registration of transfer of ownership on the ground of termination of title trust with respect to the said fishing vessel is a preserved claim, on behalf of Defendant D, E, F, and G, claiming the implementation of the procedures for cancellation of transfer of ownership with respect to the said fishing vessel against Defendant B, by subrogation of Defendant D, E, F, and G). It appears that the Plaintiff made a request

A. 1. Determination on the part of the implementation office of the procedure for ownership transfer registration due to the Plaintiff’s termination of title trust with the Defendants, first of all, the Plaintiff’s claim against the Defendants for performance of the procedure for ownership transfer registration based on the cancellation of title trust with Defendant B, also the Defendant B.