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(영문) 제주지방법원 2014.11.14 2013가단15295

어선 등록명의 변경등록절차이행 등

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1. The Defendants are to the Plaintiff:

A. Transfer for security on March 10, 201 for shares of 1/2 of the fishing vessels listed in the separate sheet.

Reasons

1. Common factual relations;

A. The Defendants purchased a fishing vessel listed in the separate sheet from D on October 21, 2010 (hereinafter “instant fishing vessel”) from D on October 21, 201 and completed the transfer of ownership registration one-half of shares after purchasing the fishing vessel as indicated in the separate sheet (hereinafter “instant fishing vessel”).

Since then, Defendant B borrowed KRW 23 million from Korea Fisheries Cooperatives on November 8, 2010, and borrowed KRW 29.9 million from the said Cooperatives on March 8, 2011, the registration of the establishment of a neighboring mortgage of KRW 25 million, and the registration of the establishment of a neighboring mortgage of KRW 32.5 million from the said Association on March 8, 201.

B. On March 10, 201, the Plaintiff borrowed KRW 95 million from the Plaintiff on September 3, 201, “The Defendant borrowed KRW 30% per annum from the Plaintiff on September 3, 2010, and until March 20, 201 (Article 1, 2, 3, and 5). If the Defendants fail to perform their obligations, it shall be acknowledged that there is no objection even if they are immediately subject to compulsory execution (Article 8). The Defendants provided the instant fishing vessel as security for transfer to the Plaintiff and delivered it by the method of occupancy revision (Article 9). When the Defendants failed to perform their obligations or requested the delivery of the fishing vessel from the Plaintiff on other grounds, they must immediately deliver the instant vessel to the Plaintiff without any objection (Article 13). If the Defendants failed to perform their obligations, they may immediately dispose of the instant fishing vessel in an appropriate manner and request repayment of the obligations, and if the Defendants failed to perform their obligations, they may claim reimbursement of the remainder of money (Article 14).”

(hereinafter referred to as the “instant transfer security agreement”) C.

The Defendants did not perform their obligations even after the due date stipulated in the instant transfer security agreement.