손해배상(공)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. Basic facts
A. On June 30, 2008, Plaintiff A obtained a license for the fishery of catching marine animals by dividing a certain area of waters from Gangwon-gun, which is a fishing right auction, at a certain place and installing fishing gear prescribed by Presidential Decree. Plaintiff B obtained a license for the fishery of fishing vessels free of charge from Plaintiff A, who was put on August 11, 2009. Plaintiff A and B thereafter owned the license until now through redevelopment, etc. on March 24, 2010 and April 28, 2015, respectively. The status of the license is specified as “D license”, “E license”, “D licensing area” and “E licensing area” (hereinafter referred to as “D licensing area”).
In addition, the plaintiff C and B refer to the fishery operated by using non-powered vessels or non-powered fishing vessels of less than five tons gross tonnage in the waters which are specifically divided from the High Military on September 11, 2009.
The permission was obtained, and the status of the permission is as stated in attached Form 2 (the permission period is extended only from November 2, 2016 to December 31, 2018, with the same content of permission granted from November 2, 2016 to December 31, 2018; hereinafter the same shall apply as “F or G”, which is the new permission number; the permission area is specified as “F or G permission area.”
B. On September 19, 197, the Defendant established an I shooting range (hereinafter “the instant shooting range”) in the J of the Gangwon-gun in accordance with the Act on National Defense and Military Installations Projects, etc., and the military units belonging to the Defendant carried out shooting training in the instant shooting range (a shooting zone: 10km in radius, 7.5km in width, 4.5km in height):
C. Meanwhile, on October 18, 1988, the Defendant entered into an agreement with JA on the use of the instant shooting range (hereinafter “instant agreement”) as follows.
① Shooting in the instant shooting range is 10.1 to 10.1 to 10.10
3. 31.) The period of time shall be avoided and the shooting shall be conducted during the period from April 1 to September 30.
(2) Fishermen shall be engaged in fishing during the season of Korean-style fishing.