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(영문) 제주지방법원 2015.09.23 2014나2785
어선 등록명의 변경등록절차이행 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Common factual relations between the defendant and the co-defendant C in the first instance trial, and E is the husband of C, and I is the husband of the defendant.

On September 27, 2010, the Defendant concluded a sales contract with Non-Party D, who is a sentence of I on September 27, 2010, setting the sales amount of KRW 132,00,00 with respect to the instant fishing vessel, fishery right, etc.

On October 21, 2010, Defendant and C completed the procedures for registration of transfer of ownership on the instant fishing vessel by 1/2 shares.

Since then, around November 8, 2010, the Defendant took out 23,000,000 won from the Han River Fisheries Cooperatives (hereinafter “fisheries Cooperatives”) around November 8, 201, and completed the registration of the establishment of a mortgage over KRW 29,90,00 with respect to the instant fishing vessel, the Plaintiff completed the registration of the establishment of a mortgage over the creditor Han River Cooperatives, the debtor, the maximum debt amount, and the maximum debt amount.

On March 8, 2011, the Defendant borrowed KRW 25,000,000 from the Han River Cooperatives, and completed the registration of creation of a mortgage over the instant fishing vessel, the creditor Han River Cooperatives, the debtor, and the maximum debt amount of KRW 32,50,000.

Meanwhile, on March 10, 201, the Plaintiff borrowed KRW 95 million from the Plaintiff on September 3, 2010 from the Defendant and C, and “the Defendant and C” borrowed KRW 30% per annum from the Plaintiff on September 3, 2010, and due date for payment until March 20, 2011 (Article 1, 2, 3, and 5). If the Defendant and C fail to perform the above obligation, they recognize that there is no objection even if they are immediately subject to compulsory execution.

(Article 8) In order to secure the above obligation, the Defendant and C provided the instant fishing vessel as security for transfer to the Plaintiff, and delivered it by means of an alteration of possession.

(9) Article 9). When the Defendant and C fail to perform the above obligation or when the Plaintiff was requested to deliver the instant fishing vessel from the Plaintiff for any other reason, they shall immediately deliver it to the Plaintiff without any objection (Article 13). When the Defendant and C fail to perform their obligation, the Plaintiff may immediately dispose of the instant fishing vessel in an appropriate manner and appropriate it for the repayment of the obligation with the realization amount.

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