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(영문) 춘천지방법원 속초지원 2018.10.19 2016가단3043
소유권이전등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 27, 1995, the Plaintiff completed registration of initial ownership of the vessel listed in the attached list (hereinafter “instant vessel”).

B. On August 2, 1995, the Plaintiff entered into a contract with the National Federation of Fisheries Cooperatives to establish a mortgage (hereinafter “mortgage”) with respect to the instant vessel as the maximum debt amount of KRW 195,00,000,00 with respect to the instant vessel, and the debtor and the National Federation of Fisheries Cooperatives, and on the same day, completed the registration of establishment of a mortgage to the National Federation of Fisheries Cooperatives.

C. On May 20, 1998, Defendant B completed the registration of transfer of ownership as stated in the purport of the claim (hereinafter “registration of transfer of ownership”) on the instant vessel on the grounds of sale as of May 1, 1998.

On January 25, 199, Defendant B acquired the secured obligation of the instant right of collateral with exemption from liability. On January 26, 1999, Defendant B completed the registration of change of the instant right of collateral with respect to which the debtor of the instant right of collateral security was changed from the Plaintiff to Defendant B.

E. On August 3, 2016, Defendant C completed the registration of ownership transfer as stated in the purport of the claim (hereinafter “second ownership transfer registration”) on August 3, 2016 with respect to 3/10 shares among the instant vessels on the ground of donation made by August 3, 2016.

F. On August 3, 2016, Defendant D completed the registration of ownership transfer as stated in the purport of the claim (hereinafter “third-party ownership transfer registration”) on August 3, 2016 with respect to 3/10 shares among the instant vessels on the ground of sale as of August 3, 2016 (hereinafter “third-party ownership transfer registration”), including the first and second ownership transfer registration.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Defendant B, without the Plaintiff’s consent, completed the registration of ownership transfer under his name with respect to the instant vessel. As such, the first transfer registration is null and void, and both Defendant C’s second transfer of ownership and Defendant D’s third transfer of ownership are null and void.

Therefore, it is true.

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