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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 7, 2003, the Plaintiff entered into a shipbuilding contract with a shipbuilding business operator D and a fishing vessel listed in the separate sheet (hereinafter “instant fishing vessel”).
(A) Evidence No. 1). (b)
Upon the completion of the construction of the fishing vessel of this case, the Defendant received the ship inspection on December 24, 2003, and completed the registration in the fishing vessel register on January 2, 2004 at the same time as the vessel certificate was issued.
(A) Nos. 2, 3, and 4. (c)
The Defendant applied for the grant of subsidies for the construction of the instant fishing vessel and received KRW 16,027,00 from Jindo-gun on January 8, 2004, and transferred KRW 15,000,000 among them to D on January 9, 204.
(A) Evidence No. 7, B No. 1, d.
The plaintiff has been engaged in fishery activities while using the above fishing vessel since the construction of the fishing vessel of this case until now.
(A) [Evidence 5] / [Ground for Recognition] , Gap evidence 1 through 5, 7, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s assertion is the cause of the instant claim. The Defendant sought implementation of the procedure for the transfer of ownership and the procedure for the transfer of ownership and the right to fishery right for the instant fishing vessel, by asserting that the Plaintiff was granted a subsidy under the name of the Defendant to build the instant fishing vessel and received KRW 2,00,000 in return, and agreed to transfer ownership and the right to fishery for the instant fishing vessel without any condition six years after the date of construction.
In regard to this, when one existing fishing vessel was destroyed due to the typhoon damage in 2003, the Defendant received subsidies of 16,027,000 won from the government while building the instant fishing vessel, and thereafter lent 15,000,000 won among them to the Plaintiff, but there is no agreement between the Plaintiff and the Plaintiff to transfer the ownership of the instant fishing vessel to the Plaintiff, and receive 15,000,000 won from the Plaintiff, and there is no such agreement as asserted by the Plaintiff.
Even if this is to receive the subsidy illegally, Article 103 of the Civil Code is to be applied.