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(영문) 광주지방법원순천지원 2016.09.02 2016가단4789
선박소유권이전등록절차이행
Text

1. The Defendant’s ground for termination of title trust on April 15, 2016 regarding the vessel listed in the attached list to the Plaintiff.

Reasons

1. In full view of the entries in Gap evidence Nos. 1 through 6 and 9 (including the provisional number) and the purport of the entire pleadings as to the witness Eul's testimony on June 15, 2012, the plaintiff purchased a ship listed in the separate sheet (hereinafter "the ship of this case") from D on June 15, 2012 and completed the transfer of ownership on June 22, 2012. After the plaintiff completed the transfer of ownership registration under the name of the plaintiff, pursuant to the title trust agreement with the defendant on November 3, 2014, it can be recognized that the plaintiff completed the transfer of ownership to the defendant on November 3, 2014. The fact that the copy of the complaint of this case stating the plaintiff's declaration of termination of the above title trust agreement was delivered to the defendant on April 15, 2016 is clear in the record, and according to the above facts of recognition, the title trust agreement between the plaintiff and the defendant on the ship of this case was lawfully terminated as a duplicate of the complaint of this case.

2. As to the defendant's assertion and its determination, the defendant did not title trust the ship of this case to the defendant, and the defendant claims that the plaintiff purchased the ship of this case from the plaintiff in 1,700,000 won and leases it again to the plaintiff. However, each statement in Eul's evidence Nos. 1 through 5 alone is insufficient to reverse the fact of recognition, and there is no other evidence to support the defendant's assertion ( there is no evidence to support that the defendant paid KRW 1,70,000 to the plaintiff). In light of the fact that the plaintiff continuously occupied and used the ship of this case after transferring the name of the defendant, as well as that the plaintiff continues to possess and use the ship of this case, the certificate of shipment, the certificate of designation of management vessel, and the certificate of inspection of fishing vessel, the plaintiff's own originals, etc., written between the plaintiff and the defendant ("the

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