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1. Defendant C is based on sale and purchase on January 5, 2017 with respect to the fishery right stated in the attached list to the Plaintiff.
Reasons
1. The fact that Defendant C sold to the Plaintiff the fishery right listed in the separate sheet (hereinafter “instant fishery right”) on January 5, 2017 by judgment as to the claim against Defendant C does not conflict between the parties, or that it can be recognized by comprehensively taking into account the overall purport of the pleadings in the evidence No. 3. As such, Defendant C is liable to implement the procedure for ownership transfer registration as to the instant fishery right on January 5, 2017 to the Plaintiff.
2. Determination as to the claim against the defendant B
A. On March 8, 2007, the Plaintiff asserted by the parties, the husband, purchased the fishery right of this case from Defendant B for KRW 70 million, and paid KRW 70 million to E in full.
While the Plaintiff received a license for the fishery right purchased from Defendant B and operated the aquaculture at that place, it is no longer possible for Defendant C to operate the aquaculture due to the Plaintiff’s circumstances. On July 1, 2007, the Plaintiff purchased the fishery right of this case from Defendant B on behalf of the Plaintiff, and on the basis of an agreement between the Plaintiff and the Defendants, in relation to the payment of the purchase price, the Plaintiff paid KRW 70 million to Defendant B, in lieu of the agreement between the Plaintiff and the Defendants, and the Defendant C borrowed the above money from the Plaintiff.
Therefore, Defendant B is obligated to implement the transfer registration procedure on July 1, 2007 with respect to the fishery right of this case to Defendant C.
However, Defendant C did not pay KRW 70,000,000 to the effect that it borrowed from the Plaintiff as above.
Accordingly, on January 5, 2017, the Plaintiff and Defendant C sold the instant fishery right to the Plaintiff in KRW 70 million, and the payment of the purchase price was treated as offsetting the Plaintiff’s loan claim amounting to KRW 70 million against Defendant C.
As a result, Defendant C made the Plaintiff the sales of the instant fishing right on January 5, 2017.