어업권(지분)이전인가신청서반려통보취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 23, 2018, the Plaintiff obtained a legacy of 20/95 shares owned by the Deceased (hereinafter “instant shares”) among the Plaintiff’s fishery rights (hereinafter “instant fishery rights”) with respect to B’s nutrition number C (hereinafter “the instant fishery rights”).
B. On May 2, 2018, the Plaintiff filed an application with the Defendant for authorization on the transfer of the fishery right (share) on the ground that the instant share was bequeathed by the Deceased (hereinafter “instant application”).
C. Meanwhile, with respect to the instant fishery right, the Plaintiff owned 20/90 of the Plaintiff’s share, 20/90 of the deceased’s share, and 55/90 of the deceased’s share, respectively. On May 3, 2018, the Defendant demanded the Plaintiff to submit a written consent of co-owners registered on the instant fishery right pursuant to Article 23 of the Rules on the Management, etc. of Fishery License in order to obtain the transfer of the instant share to the Plaintiff.
However, on May 30, 2018, the Plaintiff was unable to comply with the Defendant’s above request for supplement, and the Defendant rejected the instant application (hereinafter “instant disposition”) on the ground that the co-owner’s consent registered on the instant fishing right was not submitted to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. According to Article 19(1) of the Fisheries Act and Articles 61 and 75 of the Decree on the Registration of Fisheries, the Plaintiff’s assertion is sufficient to submit documents evidencing inheritance without the need to submit a written consent of co-owners registered in the pertinent fishery right. The Plaintiff submitted a testamentary document evidencing inheritance, but the Defendant submitted a written consent of co-owners registered in the instant fishery right.