1. The Defendant is based on the transfer on January 10, 201 of the fishery right stated in the attached list to the Plaintiff.

1. The following facts of recognition may be found either in dispute between the parties or in full view of the entry of evidence No. 1, the testimony of the witness C and the whole purport of the pleadings:

On January 10, 2013, the Defendant: (a) concluded an agreement with the Plaintiff to borrow KRW 100 million from the Plaintiff; (b) and (c) to transfer the fishery right listed in the attached list of fishery rights owned by the Defendant (hereinafter “instant fishery right”) to the Plaintiff by March 30, 2013; and (c) obtained certification of the instant agreement as a notary public on the same day as to the instant agreement as a law firm 2013, by virtue of Article 96.

B. The Defendant did not pay the Plaintiff the above KRW 100 million until the date of the closing of the instant argument.

2. Determination on the claim of this case

A. In light of the determination as to the cause of the claim, as long as the authenticity of a disposition document is recognized, the court shall recognize the existence and content of the declaration of intent as stated in the said statement, and shall not reject it without reasonable grounds, unless there is any clear and acceptable counter-proof that denies the content of the statement (see Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). As seen above, inasmuch as the Defendant drafted the instant agreement to the Plaintiff, as long as it did not pay KRW 100 million to the Plaintiff by March 30, 2013, it is reasonable to deem that the agreement was established between the Plaintiff and the Defendant, in lieu of payment, that the Defendant would transfer the fishery right of this case owned by the Defendant to the Plaintiff.

Therefore, the Defendant is obligated to transfer the instant fishery right to the Plaintiff pursuant to the instant agreement, barring special circumstances.

According to the provisions of Article 22 of the Inland Water Fisheries Act and Articles 44 and 41 of the Fisheries Act, in the case of permitted fishery such as the instant fishing right, a fishing vessel, fishing gear, or facility for which a fishery permit has been obtained shall be granted.