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(영문) 대구지방법원경주지원 2019.04.03 2018가단11094

소유권이전등록

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1. The Defendant is based on an agreement on February 18, 2017 with respect to the vessel listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 18, 2017, the Plaintiff entered into a shipbuilding contract under the name of husband C with D and E (D and E are married couple) who represented the Defendant on behalf of the Defendant, and the Plaintiff has built a vessel and completed a fishery permit. In return, the Defendant entered into a shipbuilding contract with the intent to pay the price of KRW 340 million to the Defendant (hereinafter “instant contract”). The main contents are as follows.

Size of a shipbuilding contract: 340 million won for a vessel: 10 million won for a vessel of 6.6 tons: the vessel of 340 million won for a vessel of 10 million won for a vessel of 18.8 million won for a vessel of 6.6 tons: 120 million won for a vessel of 6.6 tons;

B. F shipbuilding, fishery permit, etc. 1) The Plaintiff around that time, to implement the instant contract, 6.6 tons of vessel C (hereinafter “F”).

) A fishing permit (a specific content of a license is omitted) to F by requesting construction and replacing a permitted fishing vessel (a license is transferred to an existing fishing vessel without a license for fisheries or a newly built fishing vessel in lieu of a newly built fishing vessel).

hereinafter the same shall apply.

(A) The Plaintiff purchased H (0.79 tons and up to three tons in the case of ship replacement) from G on March 3, 2017 in order to use F as a substitute vessel, and completed the transfer of ownership on March 9, 2017 in the name of the Defendant.

B) At the time of the conclusion of the instant contract, the Plaintiff entered into a shipbuilding contract similar to the instant contract with J on behalf of I, and purchased L (2.64 tons and 3 tons at the time of ship substitution) to obtain permission for the fishery of K (8.55 tons) as a vessel entrusted by I, and completed the transfer of ownership under the name of I in order to obtain the permission for the fishery of K (8.55 tons) by replacing a permitted fishing vessel. (C) On the other hand, the Plaintiff purchased N (9.7 tons) from M on December 19, 2016, and purchased N (9.7 tons) permission for the fishery of N (9.7 tons) from M is insufficient to F and K.