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(영문) 대전지방법원 서산지원 2018.02.20 2017가단50121
소유권이전등록
Text

1. The defendant against the plaintiff A,

A. The grounds for termination of title trust on June 27, 2016, on the ships listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The plaintiff B is the spouse of the deceased D (hereinafter "the deceased"), and the defendant is the spouse of E.

On June 20, 2014, the Deceased purchased G (ship number: H) which is a ship owned F through the introduction of E, and decided to title trust it to the Defendant, the wife of E.

B. On June 20, 2014, the Deceased purchased the above G from F with the purchase price of KRW 75 million, and prepared a sales contract stating the Defendant as the purchaser. On the same day, the above G is owned by the Plaintiff B, the name of the Defendant is transferred only to the Defendant, and when the compensation for maritime damage is set in the future, 10% of it shall be given to the Defendant, and the remainder of 90% shall be paid by the Plaintiff B (the first sentence is the Defendant’s clerical error).

On the other hand, on June 20, 2014, the Defendant agreed with the deceased, Plaintiff B, upon the termination of the title trust agreement with the Plaintiff B, to complete the ownership transfer registration of the said G.

C. The Defendant received the above G from F around June 20, 2014, and used it to operate the business.

However, G was sunken on January 2015, and the deceased and E purchased J (K) after lifting G, moved G’s facilities to J, and changed the name of J’s fishing vessel to G (hereinafter “existing G and existing G facilities to J, as well as the vessels after moving into J).

Plaintiff

B On June 27, 2016, notified the Defendant that the title trust agreement with respect to the instant vessel was terminated, and the Plaintiff completed the ownership transfer registration with respect to the instant vessel and requested the Plaintiff A to deliver it, but the Defendant rejected it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, witness F's testimony, purport of whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' assertion 1 is the title trustee of the ship of this case, and when the title trust agreement with the plaintiff B is terminated, the ship of this case to the plaintiff A.

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