1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why the court accepted the judgment of the court of first instance for this case are as follows, and the reasons why the court accepted the judgment of the court of first instance are as follows: Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] 2] Even if the attachment of a vessel is executed by the disposition on default on the reduced vessel, the attachment becomes null and void due to the reduction of the vessel, and it cannot be deemed that the attachment of the vessel is naturally transferred to the right to claim the compensation for the reduction of the vessel, and thus, it cannot be deemed that the attachment of the vessel becomes null and void. Therefore, on the ground that the disposition on default on the reduced vessel was again seized by the disposition on default on the reduced vessel due to the disposition on default, the priority of the disposition on default on the reduced vessel pursuant to the legal principles of subrogation cannot be deemed to be maintained as it is.

(see, e.g., Supreme Court Decision 2001Da83777, Jul. 11, 2003). Therefore, the Defendant’s seizure of the instant vessel was all extinguished due to the vessel’s reduction.

Therefore, the defendant's assertion that the seizure of the above vessel is effective because it is transferred to the depreciation compensation claim and it is maintained in accordance with the legal principles of subrogation on security rights such as mortgage.

In addition, according to the above legal principles, even if the Plaintiff was to be fully paid the depreciation compensation by deviating from the burden of seizure on the instant vessel, it cannot be deemed that it violates the good faith principle or the principle of equity.

A person shall be appointed.

2. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.