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(영문) 창원지방법원통영지원 2015.02.03 2012가단7105
선박매매계약등 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 2 to 5, 7, and Eul evidence 3-15, 17:

On November 24, 2010, the Plaintiff’s former wife C concluded a sales contract under the Plaintiff’s name to purchase a vessel listed in the attached list (hereinafter “instant vessel”) owned by the Defendant to KRW 7,300,000 (However, upon request by C, the sales contract was entered in KRW 8,00,000) (hereinafter “instant sales contract”).

B. Accordingly, C paid the Defendant the above purchase price of KRW 7,300,000 with the Plaintiff’s money, and received the instant vessel from the Defendant.

C. On November 26, 2010, the Defendant sold the instant vessel to the Plaintiff at KRW 7,300,000, the sales certificate and the application for registration of modification to the owner of the instant vessel and the purport of applying for change to the port of registry on the grounds of sale of the instant vessel was prepared in the Plaintiff’s name, respectively, and submitted to the competent authority. Accordingly, the instant vessel was registered from the Defendant to the Plaintiff on December 10, 2010 by the owner of the instant vessel to the Plaintiff and the port of registry to the Busan Daegu Shipping Daegu.

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is the instant sales contract, its sales contract, its certificate of sale, and its registration for modification (hereinafter “instant sales contract, etc.”).

(1) The Plaintiff asserts that the instant lawsuit is null and void for the following reasons, and thus, the Plaintiff sought confirmation of its invalidation. ① The Plaintiff merely delegated C with the purchase of FRP vessel of six years old FRP (port of registry port: port of registry port: port of registry port of YYYYYYYYYDDD) from D, and C entered into the instant sales contract with the content of purchasing the instant vessel under the Plaintiff’s name for at least twenty years, without any authority or authority.

② In addition, the Defendant is the age of the instant vessel.

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