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1. On June 21, 2016, the Defendant’s domestic branch court located in the Chuncheon District Court against the Ostrus (LCOs v) pollution response Co., Ltd.
Reasons
1. Basic facts
A. On October 9, 1992, the Plaintiff, a Russia corporation, was registered as the owner of the vessel listed in the separate sheet (hereinafter “instant vessel”).
B. On February 15, 2013, the Austria, a corporation established pursuant to the Russian law (hereinafter “the Austria”) completed the registration of transfer of ownership in the Austria’s name on the ground of a sales contract stating that “the Plaintiff sells the instant vessel to the Austria on February 1, 2013” (hereinafter “instant sales contract”).
C. On August 13, 2014, the Plaintiff filed a lawsuit with the Russia court against the Russia court seeking confirmation of the above vessel sales contract and the invalidity of the vessel ownership transfer registration accordingly, and the process of the lawsuit is as follows.
1) On December 14, 2015, the arbitral court of the first instance rendered a judgment that “The signature of the representative of the plaintiff stated in the instant sales contract was forged by a person not authorized to do so, and thus, the above sales contract is null and void pursuant to Articles 166 through 168 of the Russian Civil Code, and the plaintiff did not have approved the above sales contract. Therefore, the instant sales contract is confirmed null and void, and as the above sales contract becomes null and void, the Austria is obligated to return the instant vessel to the plaintiff, and the plaintiff is obligated to return the vessel price to the Austria, and the Austria is obligated to return the vessel price to the Austria (Evidence 12-1) 2).” Although the Austria appealed appealed against the above judgment, the appellate court dismissed the appeal on June 2, 2016, and the appellate court of the fifth arbitral tribunal dismissed the appeal on September 19, 2016.
(A) The Austria re-appealed to the Supreme Court of Russia, but the Austria dismissed the appeal by the Austria on December 26, 2016.
(A) On November 7, 2016, the Plaintiff 3 is again on the ground of the judgment of the arbitral court of the above extreme area.