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Reasons
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(영문) 부산고등법원 2019.07.10 2018나52559
매매대금
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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Reasons

1. Basic facts

A. 1) The deceased C (hereinafter “the deceased”).

around July 16, 2013, the name of the vessel listed in the separate sheet was changed from V to the current name (hereinafter “instant vessel”).

A) On January 7, 2011, the name of the power-driven vessel P was changed from Q to the current name (hereinafter “P”).

(D) and power-driven D (hereinafter referred to as “D”)

A) A person who actually owned, died on January 13, 2013, and W was the wife of the Deceased. 2) The Plaintiff is a decedent of the Deceased, who was registered as the owner on the instant vessel and D’s ship registry.

3) The Defendant is F’s wife, who is a senior pilot of W. B. The Defendant discussed the matters relating to the conclusion of the sales contract on the instant vessel between the Deceased and the Defendant from July 16, 2010 to October 18, 2010. During that process, the Defendant paid KRW 210,000,000 as the sales price of the instant vessel to the Deceased.

Ship sales contract

1. Display of a ship: The ship of this case;

1. In the sale of the above vessel, the buyer will pay the purchase price as follows:

The sales proceeds: The balance of KRW 190,000,000 (not later than January 30, 201): 400,000,000 for the intermediate payment of KRW 1,000: (1)0,000 for the instant vessel in the name of the Defendant around October 25, 201 (the end of February 201): The seller: Defendant 2); and (2) the deceased, after October 25, 2010, shall be determined as KRW 1,00,00 for the instant vessel in the name of the Defendant (hereinafter referred to as the “instant sales contract”); and (3) the sales contract pursuant thereto, as follows, shall be determined as the sales contract (hereinafter referred to as the “instant sales contract”).

3) On October 25, 2010, the Plaintiff completed the registration of ownership transfer on October 25, 2010 with respect to the instant vessel to the Defendant.

4 The defendant paid KRW 200,00,000 among intermediate payments according to the instant sales contract around November 2, 2010.

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