1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

1. Basic facts

A. The plaintiff and the defendant are one's husband, and the non-party C is the plaintiff's husband and the non-party D's husband.

B. On September 27, 2010, the Defendant, on behalf of the Plaintiff, purchased the sales price of the instant fishing vessel and fishing right at KRW 132,00,000 with respect to the Plaintiff’s fishing vessel and fishing right, etc.; however, the down payment of KRW 20 million is KRW 50 million until September 27, 2010, the intermediate payment of KRW 50,000 shall be paid up until November 10, 201, and the remainder of KRW 62 million shall be paid up to February 10, 201, and the instant fishing vessel shall be delivered on September 29, 201 (hereinafter “instant sales contract”). The Defendant participated in the ship sales contract with the Defendant and the Plaintiff did not participate in the said contract.

C. On October 21, 2010, the Plaintiff and the Defendant completed the procedure for registration of transfer of ownership as to one-half shares of each of the instant fishing vessels.

The Plaintiff, at the financial account in the name of Nonparty C or C, transferred to the Defendant, on July 2, 2010, KRW 10 million, and KRW 15 million on September 27, 2010, KRW 30 million on October 11, 2010, KRW 4 million on October 28, 2010, KRW 19 million on the aggregate of KRW 50 million on November 4, 2010, respectively, from the financial account in the name of Nonparty G, the Defendant’s children.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, purport of whole pleadings]

2. Determination on the main claim

A. The Plaintiff asserted that while purchasing the instant fishing vessel, the Plaintiff registered title trust with respect to one-half shares to the Defendant, and registered the ownership transfer of the instant fishing vessel as joint ownership by the Plaintiff and the Defendant. Since the Plaintiff expressed to the Defendant an intention to terminate title trust with respect to one-half shares of the instant fishing vessel by delivering a copy of the instant complaint, the Defendant asserts that the Defendant is liable to implement the procedures for ownership transfer registration on the ground of termination of trust with respect to one-half shares of the instant fishing vessel.

B. We examine the judgment, and the Plaintiff’s fishing vessel to the Defendant before and after the conclusion of the instant sales contract.