1. The defendant shall be the plaintiff.

A. On November 29, 2017, Daejeon District Court Thaian registry office with respect to the vessels listed in the attached list.

1. Facts of recognition;

A. The defendant is a corporation whose purpose is to engage in a project relating to joint cultivation, fishing, and joint work.

B. On December 16, 2016, the Plaintiff borrowed KRW 97 million from the C Association (hereinafter “C Association”) and completed the registration of the establishment of a mortgage on a vessel listed in the attached list (hereinafter “instant vessel”) with respect to the said loan (hereinafter “instant loan”).

C. Around November 20, 2017, D (only the father of the Plaintiff) representing the Plaintiff sold the instant vessel to the Defendant at KRW 230 million. However, among the aforementioned payments, the Defendant entered into a sales contract with the content that the Defendant would substitute the payment by acquiring the obligation of the instant loan (hereinafter “instant sales contract”).

On November 29, 2017, the Plaintiff completed the registration of ownership transfer based on the instant sales contract with respect to the instant vessel, and at that time delivered the instant vessel to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 9, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) Although the Defendant was obliged to take over the obligation of the instant loan pursuant to the instant sales contract, the Defendant did not perform it, and the Plaintiff paid KRW 130 million out of the purchase price (=230 million -97 million ), which was deducted from the amount of the instant loan, and did not pay the remainder of the purchase price. The Plaintiff rescinded the instant sales contract by serving the copy of the application for change of the purport of the instant claim and the cause of the claim on the ground of the Defendant’s nonperformance of the said obligation, and thus, the Defendant cancelled the registration of ownership transfer of the instant vessel by restitution to the Plaintiff, and is obligated to deliver the instant vessel to the Plaintiff. 2) The instant sales contract was concluded.