Whether a claim for anchoring charges incurred in the course of ship auction constitutes a maritime lien (negative)

In the auction of a ship, the auction procedure cannot be continued unless the ship is anchored at the port of seizure. Thus, the anchorage fee which occurred for the anchorage of a ship during the period from the time of the seizure of the ship to the time of the payment of the successful bid price is for the auction of the ship, and it shall not be deemed as the execution cost of the relevant execution case, and it shall not be deemed as the maritime lien under Article 861 (1) 1 of

Article 861(1)1 of the Commercial Act; Articles 680 and 682 of the Civil Procedure Act

Han-il Ship Co., Ltd. (Law Firm International Law Office, Attorneys Lee Won-chul et al., Counsel for the plaintiff-appellant)

Korea

Busan High Court Decision 96Na9041 delivered on January 24, 1997

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

In the auction of a ship, the auction procedure cannot be continued unless the ship is anchored at the port of seizure. Thus, the anchorage fee incurred for the anchorage of a ship during the period from the time of the seizure of the ship to the time of the payment of the successful bid price is for the auction of the ship, and it shall not be deemed as the execution cost of the relevant execution case, and it shall not be deemed as the maritime lien under Article 861(1)1 of the Commercial Act

Ultimately, the judgment of the court below to the same purport is correct, and it is not erroneous in the misapprehension of legal principles as to the nature of a claim for anchorage fees, contrary to the allegations in the grounds of appeal.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition.

Justices Lee Don-hee (Presiding Justice)