어업변경허가절차 이행 청구의 소
1. The plaintiff's lawsuit against the defendant C Cooperatives shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. Basic facts
A. The Plaintiff, as the owner of ship D, obtained a fishery permit from the port market, and Defendant B purchased D from the Plaintiff.
B. On May 2, 2017, the Plaintiff obtained a fishery permit with the following content from May 2, 2017 to December 31, 2018 for D.
Method of operating kinds of permitted fishing, type of fishing, and type of captured and collected objects in the name of fishing gear, e.g., coastal net fishing, coastal net fishing, 01-01 to 12-13, e.g., e., e., e., f., e., f., e., f., e., f., e., e., f., e., f., e., f., e., f.,
C. On November 30, 2017, the Plaintiff sold D and the above fishery permit right to Defendant B at KRW 250,000,000.
On November 2017, Defendant B reported the succession to the status of the fishery permit with the purport that “A person who obtained D’s fishery permit due to purchase of D from the Plaintiff, changed the status of the person who obtained D’s fishery permit from the Plaintiff to Defendant B.” On November 24, 2017, Defendant B notified Defendant B of the succession to the status of the fishery permit with the purport that “A person who obtained D’s fishery permit was succeeded from the Plaintiff to Defendant B.”
E. On December 10, 2017, Defendant B purchased vessel H from G on December 18, 2017, and applied for permission to change the content of “the change of D’s fishery permit to H to the fishery permit for the fishery permit for the fishery of H” at the port of distribution on the same month, and was notified from the 20th of the same month, that the change was made with the same content as the fishery permit as the fishery permit stated in the attached list.
F. On January 29, 2018, Defendant C Union lent KRW 540,00,000 to Defendant B, and completed the registration of creation of the right to collateral security with respect to H, Defendant C Union, Defendant B, and the maximum debt amount KRW 702,00,000.
G. On February 26, 2018, the Plaintiff has the right to permit fishery as indicated in the [Attachment] List No. 2018Gahap10307 against Defendant B.