beta
(영문) 창원지방법원 진주지원 2017.02.08 2015가합11758

어업방해금지 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are neighboring villages located in the south Sea, in the form of a community located in the south Sea, which are comprised of residents who run community business, etc. in the coast located in each village.

B. A dispute arises between the Plaintiff and the Defendant on the right to manage the instant partial fishery right. Around March 25, 1988, the Plaintiff and the Defendant drafted a written agreement on the right to manage the instant partial fishery right (hereinafter “instant agreement”). The instant agreement stated that “The instant agreement shall be managed in the middle-class joint fishery area of the coast (from the boundary of the fishing village fraternity to the end of the day on which the fishing village fraternity is situated) in front of the coastal middle-class 1 fishery area in front of the coast (from the center of the day on which the fishing village fraternity is situated) and the middle-class 1 fishery area in front of the coastal middle-class 1, which is managed by the salt fishing village fraternity, shall be managed in the middle-class joint fishery area in the middle-class 1, and the management right shall be transferred in the middle-class and the middle-class 50% of each at the time of compensation for damages, and the written agreement shall be kept and preserved, respectively.”

C. On December 31, 2013, the Defendant acquired a fishing ground number of 106 from the Southern Navy to the fishing ground number of 106, a type of communal fishing business, a license period from December 31, 2013 to December 30, 2023, a fishing method and communal fishing business, and a fishing ground area of 17.9 square meters (hereinafter “the entire fishing right”). The location and area of the entire fishing right of this case are the same as those in which the entire fishing right of this case is linked in order to each point of either (a) or (b) the indication of the drawings in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant acquired the entire fishery right of this case in the name of the defendant, but the plaintiff around March 25, 198.