(영문) 제주지방법원 2018.05.11 2017가단51466

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(영문) 제주지방법원 2018.05.11 2017가단51466

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on July 2, 2014 with respect to the vessel listed in the attached list, which was owned by the Plaintiff (hereinafter “instant vessel”).

B. On March 13, 2017, the Defendant completed the registration of ownership transfer for the instant vessel on March 2, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 6, and the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) D Union commenced a voluntary auction on June 11, 2014, based on the right to collateral security established on the instant vessel. 2) When the instant vessel was at a risk of being disposed of by auction, the Plaintiff, following consultation with E, the Defendant’s husband, F (hereinafter “Defendant”) around July 2, 2014, to manage the instant vessel from the Defendant’s side until February 2015, from the time when the registration of ownership transfer was completed with respect to the instant vessel in the name of the Defendant and until February 2, 2015. However, the Plaintiff concluded a title trust agreement and the entrusted operation agreement with the Defendant to receive KRW 5 million each month from the Defendant’s side until July 2014, and agreed to extend the period of the entrusted operation.

3) The Plaintiff terminated the title trust agreement with respect to the instant vessel through the delivery of the instant complaint. As such, the Defendant is obligated to implement the registration procedure for cancellation of ownership transfer due to the cancellation of title trust with respect to the instant vessel. However, the Defendant sold the instant vessel to C and the ownership transfer registration was completed in the C, thereby making it impossible to perform the above registration duty. Accordingly, the Defendant, at the time of nonperformance to the Plaintiff, was unable to perform the Plaintiff, at KRW 1,252,356,00, the total amount of secured debt of the instant vessel, 639,356,000, deducted from the market price of the instant vessel at KRW 1,252,356,000, the sum of secured debt of the D Association, etc. established on the instant vessel from KRW 613,356,00,

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