(영문) 창원지방법원 2017.08.29 2017구합50773

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(영문) 창원지방법원 2017.08.29 2017구합50773

어업권 분할인가 신청 거부(반려) 처분 취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The non-party 1) was established on May 29, 190 by the organization consisting of 75 residents residing in the family village of the same Riba-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si, and 24 residents living in the village of the same Dongba-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Therefore, the residents of the Gambak Village, who are named as the fishing village fraternity, filed a lawsuit seeking the revocation of the rejection disposition by the Changwon District Court 2003Guhap1163, and won the case on June 3, 2004.

The defendant appealed against this and appealed to Busan High Court 2004Nu2622, and the family fishing village fraternity also participated in the above appellate trial as a supplementary intervenor.

3) On July 24, 2007, the appellate court tried to divide the fishing village fraternity into those of the parties involved in the case, and recommended the mediation of the same division as that of the fishing village fraternity possessed by the party involved in the case. On August 24, 2007, the Defendant consented thereto (No. 6-3), but the instant fishing village fraternity did not consent thereto. On July 23, 2008, the instant fishing village fraternity withdrawn the lawsuit seeking revocation of the disposition of rejection on July 23, 2008. 4) The instant fishing village fraternity held an inaugural general meeting for the establishment of the fishing village fraternity comprised of the residents of the party involved in the case, and filed an application for authorization to establish the fishing village fraternity with the Defendant on March 18, 2013, but was rejected on the ground that the consent of the fishery village fraternity was not submitted on May 21, 2013.

Therefore, the fishing village fraternity filed a lawsuit to revoke the above rejection disposition and won in the first instance trial.

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