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(영문) 부산지방법원 2016.07.01 2015나48778

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s provisional attachment and Defendant B’s negligence 1) The Plaintiff’s claim for the royalty of the ship equivalent to KRW 19,938,514 against C as the claim amounting to KRW 19,938,514 against C, and the “D” (fishing vessel number: E; hereinafter “instant vessel”).

On July 30, 2010, Busan District Court Order 2010Kadan9435 (hereinafter “instant provisional seizure order”) filed an application for provisional seizure against a vessel and rendered a provisional seizure order as to July 30, 2010.

(2) The instant vessel falls under a small fishing vessel with a gross tonnage of less than 20 tons and the execution of provisional seizure is conducted by filing a provisional seizure registration on the fishing vessel register. According to Article 13-3 of the Fishing Vessels Act and Article 2 of the Enforcement Decree of the same Act, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall, upon receiving a request from a court for the registration of seizure, register seizure by stating the creditor, the amount of credit, the agency entrusted, the date of entrustment, etc. in the fishing vessel register of the relevant small fishing vessel and notify

3) Defendant Busan Metropolitan City: (a) was entrusted by the Busan District Court with the provisional attachment registration of the instant provisional attachment order; (b) notified the Plaintiff and C of the provisional attachment registration of the instant vessel on August 3, 2010 pursuant to the relevant statutes; (c) Defendant B, a public official in charge of the Cheong-gu Office, did not enter the provisional attachment of the instant vessel in the instant vessel registry in occupational negligence; and (b) the Plaintiff’s provisional attachment of the instant vessel was not registered on March 20, 2012; (b) C transferred the ownership of the instant vessel to F; and (c) on October 16, 2012, Defendant B, a public official in charge of the Ha-gu Office, transferred the instant vessel’s fishing vessel registration.

2) C re-acquisition the instant vessel, the fishing vessel registration of which was cancelled, from F, and registered as a power-driven water leisure craft (motor boat) on December 20, 2013.

C. The Plaintiff’s final and conclusive judgment on the Plaintiff’s claim for vessel user fee C is against C.