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(영문) 창원지방법원 2016.11.03 2016나51112
소유권이전등록
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against the Defendant (Counterclaim Plaintiff) B and Defendant C and added at the trial.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) adding to paragraph (2) the judgment on the Plaintiff’s request for the delivery of a ship against Defendant C, which was added in the court of first instance; and (b) other than the written appeal, it is identical to the Plaintiff’s principal claim against the Defendants and the part on the Defendant’s preliminary counterclaim claim against Defendant B, and thus, it is acceptable in accordance with the main sentence of

2. The fourth 9 pages of the judgment of the court of first instance, which was added or added, " May 12, 2012" shall be written by " May 12, 2014."

5 pages 12 of the judgment of the court of first instance following the 12th page, “In addition, Defendant C arbitrarily moved the place of the instant vessel without due process during the proceeding of the instant lawsuit and went against the Plaintiff’s possession. As the Plaintiff is the owner of the instant vessel, the Plaintiff is seeking the delivery of the instant vessel against Defendant C, who is the occupant of the instant vessel.”

On the 10th 22th 2th following the first instance judgment, the Plaintiff’s request for the issuance of a ship against Defendant C, premised on the Plaintiff as the owner of the instant ship, cannot be made against Defendant C, by subrogation of Defendant B, the procedure for cancellation of ownership transfer registration on the instant ship, and the ownership transfer registration procedure based on the termination of title trust on the instant ship.

3. If so, the Plaintiff’s claim against the Defendants against the Defendants, including the Plaintiff’s request for the delivery of a ship against Defendant C added in the trial, must be dismissed in its entirety due to the lack of reasonable grounds.

Defendant B’s preliminary counterclaim cannot be subject to a trial of this Court, and thus, Defendant B’s preliminary counterclaim cannot be judged.

The judgment of the court of first instance is justified as the conclusion is consistent with this, and the plaintiff's claim against the defendant C added in the appeal and trial against the defendants is dismissed as it is without merit. It is so decided as per Disposition by the assent of all.

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