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(영문) 대전지방법원홍성지원 2017.09.28 2016가합995

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) B, C, and D are jointly registered for the previous fishery business license (the shares of 1/3 each), on April 12, 1990, 2 hectares of the E-Ga, Chungcheongnam-gun, Chungcheongnam-gun on April 12, 1990 (h) (hereinafter “previous fishing ground”).

(B) the term of validity of the license for the fish farming business (the F of the license number, the term “previous fishery business” from the following date) with the term of validity as of April 11, 1997, and the fishery right under this term “previous fishery business” is the same as the previous fishery right.

(2) On October 20, 1995, the previous fishery right 1/3 of D was transferred to the heir G on March 20, 1995, and C’s previous fishery right 1/3 of co-ownership was transferred to the transferee H on November 11, 1996.

[H filed a counterclaim seeking compensation for the same purpose as the Plaintiff of the instant case, but the judgment dismissing the counterclaim became final and conclusive (Seoul District Court 2015Guhap102902, 2016Guhap101210, Daejeon High Court 2016Nu11832, 2016Nu11849 (Counterclaim), Supreme Court 2017Du41870, 2017Du4187 (Counterclaim))). B’s previous right to share 1/3 of the fishery right was transferred to the transferee J corporation through auction on September 16, 2005.

3) The previous fishery business license was registered upon the expiration of the term of validity on April 12, 2007. B. The Do governor established the redevelopment plan on the previous fishing ground and the Plaintiff’s acquisition of the fishery right of this case) and approved the redevelopment plan on May 25, 2006.

2) The Boan City Mayor around that time publicly announced the above redevelopment plan, and conducted the redevelopment of the previous fishing ground 1.8 hectares Eari-ri, 1.8 hectares (h) (hereinafter “the instant fishing ground”).

(B) The license for the fish farming business of the fish , etc. on the fish , etc. (hereinafter “instant fishery license”) is granted, and the fishery right pertaining thereto is “instant fishery right.”

on August 1, 2006, after receiving an application for priority decision.