Legal relations where registration of preservation of ownership of a ship has been made for security of claims;

If a registration of preservation of ownership of a ship was made for the security of claims, it is a kind of deed of trust that transfers the ownership to the title holder for the purpose of security of claims, and makes the ownership externally exercise the ownership within the scope of the purpose, but this registration of preservation of ownership constitutes registration in trust with the title holder as the ownership remains.

Article 103 (Title Trust)

[Judgment of the court below]

Suwon Tourism Co., Ltd.

Daegu High Court Decision 86Na740 delivered on July 31, 1987

The judgment below is reversed, and the case is remanded to the Daegu High Court.

The Plaintiff’s attorney’s ground of appeal is examined.

The plaintiff's assertion that the vessel of this case is the ownership of the defendant company and the registration of ownership in the name of the plaintiff is registered in title trust, and thus the contract for title trust is terminated as a delivery of the copy of the complaint of this case and the plaintiff's claim for the execution of the procedure for registration of ownership transfer in the name of the defendant is the ownership of the defendant company constructed by ordering the defendant company to the non-party 1 on March 5, 1982. The plaintiff is the person in charge of management and operation of the Busan Office of the defendant company and the non-party 2, who is delegated with the right to the shipbuilding of this case, to guarantee the relationship with the non-party 2, who was the person in charge of management and operation of the Busan Office of the defendant company and was entrusted with the right to the shipbuilding of this case, and the registration of ownership transfer was completed in the name of the plaintiff, and the plaintiff'

However, as recognized by the court below, if the registration of initial ownership is not based on a title trust agreement, but for the purpose of the bond security, it is a kind of deed of trust that transfers the ownership to the plaintiff for the purpose of the bond security and exercises the ownership externally only within the scope of the purpose. On the other hand, the court below held that the registration of initial ownership should be deemed as the registration of initial trust because the ownership of the defendant remains in a relationship with the defendant, regardless of the fact that the ownership should be deemed as the registration of initial trust, and the registration of initial ownership should not be deemed as the registration of initial trust.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Daegu High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-young (Presiding Justice)