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(영문) 광주지방법원목포지원 2015.07.20 2014가단10357
선박소유권이전등록
Text

1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) the vessels listed in the separate sheet.

2...

Reasons

Basic Facts

A. The Plaintiff and the Defendant are persons in a de facto marital relationship from around 2008 to December 2012.

B. The vessel listed in the attached list (hereinafter “instant vessel”) was originally registered as “D” as a fishing vessel owned by C. However, on August 5, 2010, the name was changed to “E” as at the time when the ownership transfer registration was completed.

C. During the de facto marriage period of the plaintiff and the defendant, the plaintiff operated the above ship registered in the name of the defendant, and the defendant operated a motor vehicle registered in the plaintiff's mother's name. After the de facto marriage was terminated, the plaintiff transferred the above motor vehicle's ownership to the defendant.

On the other hand, after the resolution of de facto marriage relationship, the Defendant: (a) transferred the ownership of the instant vessel to the Plaintiff; and (b) withdrawn its intention; (c) in relation to the content certification that the Defendant sent the Plaintiff to the Plaintiff around September 1, 2014, the Plaintiff demanded that the Plaintiff rent the instant vessel acquired by the Defendant without compensation and transfer the ownership of the said vessel from July 2013 to the Plaintiff without any condition, but the Plaintiff delayed it; (d) the Defendant demanded the return thereof on July 2014; and (e) the Plaintiff brought damage to the Defendant by asserting that he/she is the owner; and (e) the Plaintiff was the owner of the said vessel, the Plaintiff suspended its operation and returned it to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4-1, 2, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. (i) The Plaintiff’s primary assertion was owned in trust with the instant vessel under the name of the Defendant.

However, since the de facto marital relationship with the Defendant was terminated and the above title trust agreement was terminated, the Defendant is obligated to implement the transfer registration procedure for the above vessel to the Plaintiff.

dr.

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