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(영문) 대전지방법원 2020.04.22 2019나114322

소유권이전등기

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1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 25,00,000 and this shall apply to the plaintiff.

Reasons

Based on the facts, the Plaintiff is a person selected as a person eligible for support under the Act on Assistance in 2018, which can receive support money of KRW 300,000,000 from the head of Thaian on April 3, 2018, and the Defendant is the owner of a ship listed in the “Indication of Ships” (hereinafter “instant ship”).

As of March 18, 2014, the fishing vessel registry of the instant case was established with the debtor, the defendant, the maximum debt amount of 147,00,000,000 won, and the right to collateral security, the creditor CF, and the debtor, the defendant, the claim amount of 20,560,810 won, and the provisional attachment registration of the vessel as D, was completed on August 31, 2016.

(C) The seller and the buyer agreed to pay the purchase price as follows with respect to the sale of the pertinent vessel under Article 1(1)(b) of the Daejeon District Court’s Seosan Branch 2016Kadan5268.

Sales amount: The sales amount shall be KRW 220,000 ( KRW 220,000).

Contract deposit: The balance paid at the time of the contract and received at the time of the contract with E.S.0 million Won (25,000,000): The payment shall be made by the day of January 2018.

Special agreement: The remainder payment: The Defendant, on May 17, 2018, instead of the remainder after the transfer of ownership after the termination of the attachment part, concluded a ship sales contract with the Plaintiff on the following (hereinafter “instant contract”) with respect to the instant vessel, and received the down payment of KRW 25,00,000 from the Plaintiff on the date of the contract.

On the other hand, on June 21, 2018, the Defendant filed an objection against the ruling of provisional seizure of the instant vessel on August 9, 2018, and revoked the ruling of provisional seizure of the instant vessel on August 9, 2018 (Seoul District Court Decision 2018Kadan3266), which was dismissed on November 1, 2018 (Seoul District Court Decision 201Ra10200), and the registration of provisional seizure of the instant vessel was revoked on November 12, 2018.

[Reasons for Recognition]