소유권확인
1. The Plaintiff (Counterclaim Defendant)’s respective principal claim against Defendant C and Defendant B fishing village fraternity and the Defendant (Counterclaim Plaintiff).
1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1, 5, and 8 (including virtual numbers; hereinafter the same shall apply);
(3) Each description of this Court, the inquiry results of the inquiry of the fact made on June 9, 2017, the purport of the entire pleadings
A. Defendant B fishing village fraternity owned a license for the cultivation of shellfish from May 13, 1996 to May 12, 2006 with respect to the area of waters 100,000 square meters in the ship connected in sequence of each point of (a), (b), (c), (d), and (a) the location and area of the attached waters among the waters located in the river basin in the river basin, and the license period was extended from April 19, 2006 to May 12, 2006. < Amended by Presidential Decree No. 18187, May 12, 2016>
B. On May 12, 2016, the Plaintiff entered into a contract with Defendant B fishing village fraternity to exercise the Plaintiff’s fishery right (hereinafter “Plaintiff’s fishery right exercise contract”).
C. Upon the termination of the pertinent license period, Defendant B fishing village fraternity obtained a fish farming license for the instant license from May 13, 2016 to May 12, 2026. Around July 2016, Defendant C was selected as a new holder of a fishery right through a tender, and on August 1, 2016, Defendant C entered into a contract with Defendant C to exercise the fishery right to the instant license from August 1, 2016 to July 30, 2017.
2. Determination as to the principal lawsuit
A. The Plaintiff asserted that the contract term under the Plaintiff’s fishery right exercise contract expires on May 12, 2016, while spreading 80,000 square meters away from December 2, 2015 to January 2016 to the instant license. The Plaintiff is owned by the Plaintiff, and there is a benefit to seek confirmation of ownership against the instant license, insofar as the Defendants are arguing that the said license is not owned by the Plaintiff.
In addition, in order for the plaintiff to take the above sloping, the defendant B fishing village fraternity holding the fishery license in the instant licensed area or the defendant C, who is an executor under the fishery right exercise contract in the instant licensed area.