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(영문) 창원지방법원마산지원 2020.12.17 2020가단103798
선박 소유권이전등록청구의 소
Text

The defendant is based on the termination of title trust on July 6, 2020 with respect to the ships listed in the attached list to the plaintiff.

Reasons

1. On August 26, 2019, the Plaintiff entered into a title trust agreement with the Defendant on the vessel listed in the attached Table (hereinafter “instant vessel”) and transferred its ownership to the Defendant, as the Defendant requested that the Plaintiff transfer the ownership of the vessel, as it is necessary to maintain the qualification of the members of the D Association.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff entered into a title trust agreement with the Defendant on August 26, 2019 with respect to the instant vessel, and it is evident in the record that the Plaintiff’s copy of the complaint of this case, which contained the termination of the title trust and the claim for the return of ownership of the instant vessel, was served on the Defendant on July 6, 2020, and thus, the Defendant is obliged to implement the procedure for ownership transfer registration on the instant vessel on July 6, 2020.

The defendant acknowledged the fact of the above title trust agreement, but separately, the defendant had the right to permit coastal fishing to E (her husband's partner's partner's partner's partner's partner's partner's partner's partner's partner's partner's partner's partner's partner's partner's right to permit coastal fishing, but the plaintiff exchanged the right to permit under each other's necessity. Thus, the plaintiff failed to comply with the plaintiff's claim in this case since the plaintiff promised to pay the difference of 13 million won, it cannot be complied with. However, the defendant alleged that the above circumstance alleged by the defendant does not constitute a ground to block the plaintiff's claim for ownership transfer registration due to the termination of the title trust in this case, and the defendant thought that the plaintiff transferred the ownership of the ship in this case to the defendant on behalf of the plaintiff in this case. However, although the defendant alleged that the plaintiff transferred the ownership of the ship in this case to the defendant in this case.

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