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(영문) 대구고등법원 2019.12.05 2019나21935
보상금 청구의 소
Text

1. After remand, the judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

Reasons

1. Basic facts

A. Plaintiff’s acquisition of the old fishery right and extension of license period

1. Number: D

2. Type of fisheries: Cultivation of fish, etc.;

3. Fishery business methods and aquaculture facilities: Watering;

4. Location and area of fishing grounds: Gyeongbuk G branch line (attached Form 1; hereinafter the same shall apply);

5. Fishing ground area: 30,000 square meters;

6. 포획채취물, 양식물의 종류: 우렁쉥이

7. Methods of capture and gathering: Control vessel;

8. Timing of fisheries: From January 1 to December 31 (12 months);

9. The term of validity of a license: B from July 23, 1998 to July 22, 2008, obtained a license for fishery business with the following contents from the head of Ulsan-gun on July 23, 1998 (hereinafter referred to as “former fishery right”).

(2) Since then C acquired the former fishery right, the Plaintiff purchased the former fishery right from C on April 10, 2007, and obtained a permit for the transfer of the former fishery right from Ulsan-gun on April 10, 2007. On July 14, 2008, the term of validity of the former fishery right was extended from July 23, 2008 to July 22, 2018.

B. The Plaintiff’s acquisition of the instant fishing right (1) Meanwhile, the Plaintiff’s detailed guidelines for the development plan for the use of fishing grounds in 2009 and the detailed guidelines for the modification (additional) of the development plan for the use of fishing grounds in 2009 (hereinafter collectively referred to as “detailed guidelines for the year 2009”) prepared by the Gyeongbuk-do Governor to apply from July 1, 2009 to June 30, 201 under the Fisheries Act and subordinate statutes.

(2) The Plaintiff stipulated that “where a substitute fishing ground is developed, the area of the existing fishing ground shall be developed within the scope of the area of the existing fishing ground, and the license shall be granted within the remaining license period of the existing fishing ground,” and “a fishery business included in the formulation of an amendment to the fishing ground use development plan shall be limited to fish farming business, and a fishing ground, the productivity of which has been reduced due to the prolonged construction of a fishing ground shall be removed from the waters where a fishery disaster has been habitually generated to the open sea farming ground (alternative development) in accordance with the detailed guidelines in 2009.”

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