(영문) 광주지방법원 2016.09.29 2015가합2364

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(영문) 광주지방법원 2016.09.29 2015가합2364

소유권이전등록

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1. The Plaintiff’s claim for the cancellation of ownership transfer registration against Defendant C shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. From September 28, 1993, the Plaintiff registered its business under D (hereinafter “the shipbuilding of this case”) and operated the shipbuilding and repair business of synthetic resin.

B. On July 16, 2004, the vessel listed in the separate sheet (hereinafter “the vessel of this case”) was built in the shipbuilding yard of this case and was registered in the name of Defendant B on August 30, 2004 in the fishing vessel registry. On January 27, 2015, the change of the owner was registered in the name of Defendant C, and the change was completed on January 29, 2015.

C. Defendant C is the form of the Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 31, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Although the Plaintiff was entitled to the claim for registration of ownership transfer and the claim for cancellation of ownership transfer registration due to the cancellation of title trust, only the name of the owner registered under the oral title trust agreement between the Plaintiff and the Defendant B was registered as Defendant B. Since the Plaintiff terminated the title trust agreement through the service of the duplicate of the complaint in this case, Defendant B is obligated to implement the procedures for registration of ownership transfer with respect to the instant vessel. Defendant C was aware that the instant vessel was registered under title trust with Defendant B, and the ownership was transferred by Defendant B in collusion with Defendant B, and thus, Defendant C’s acquisition of ownership is null and void in violation of the social order. Although the instant vessel transaction between the Defendants in domestic affairs does not constitute a anti-social legal act, it is deemed null and void as a false declaration. Accordingly, Defendant C is obligated to cancel each ownership transfer registration with respect to the instant vessel null and void against Defendant B. The Plaintiff is in subrogation of the Plaintiff’s respective right to claim compensation for damages against Defendant C).

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