업무구역 확인 청구의 소
The judgment below is reversed, and the plaintiff's appeal is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
1. In a lawsuit seeking confirmation as to the legitimacy of the instant lawsuit, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the present rights or legal status, and thereby, determination by the judgment of confirmation in order to eliminate the Plaintiff’s legal status uneasiness and risk is the most effective and appropriate means (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). According to the reasoning of the lower judgment and the record, the Plaintiff, a fishing village fraternity affiliated with the Fisheries Cooperatives of Luxembourg-do, asserting that the Plaintiff, a fishing village fraternity affiliated with the Fisheries Cooperatives of Luxembourg-do, asserted that the instant case was a neighboring business district of the Plaintiff, the instant fishing village fraternity affiliated with the 126Do3838, Mar. 31, 169; 34Do11, 4572, N. 126Do3333, Sep. 2790, 207; 34Do807
According to statutes, the jurisdiction of a fishing village fraternity shall be determined by the articles of association of the fishing village fraternity (Article 15(1) of the Fisheries Cooperatives Act), the fishing village fraternity shall prepare its articles of association and obtain authorization from the head of Si/Gun/Gu (Article 4(1) of the Enforcement Decree of the Fisheries Cooperatives Act), and the articles of association of the fishing village fraternity shall include matters concerning the district (Article 5(1)3 of the Enforcement Decree of the same Act), and matters concerning the amendment
(Article 5(2) of the Enforcement Decree of the same Act. Where a preparatory committee for establishment intends to obtain authorization for establishment of a fishing village fraternity, it shall submit to the head of Si/Gun/Gu an application for authorization for establishment of a fishing village fraternity along with
(Article 3(1)1 and 5 of the Enforcement Rule of the Fisheries Cooperatives Act. On the other hand, a fishing right refers to the right to operate a fishery business with a license granted by the head of a Si/Gun/Gu, etc. pursuant to Article 8 of the Fisheries Act (Article 2 subparag. 9 of the Fisheries Act).