1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Determination as to the cause of claim

A. The plaintiff asserts to the following purport.

On August 1, 2009, the Plaintiff acquired the instant vessel shares in the name of the Defendant at the time of purchasing 9/10 shares (hereinafter “instant vessel shares”) of the 89 tons of power-driven vessel D (the name of the instant vessel was changed to D, E, F, C, etc. several times, and the final change was made to D, July 21, 2014; hereinafter “instant vessel”) from H, and the name of fishery permission was also the Defendant. The Plaintiff was transferred ownership from the Defendant on the ground of a sales contract as to the instant vessel shares as of December 23, 2013, following the commencement of voluntary auction based on the right to collateral security by the Private Fisheries Cooperatives on the instant vessel.

Since the ownership of the instant vessel and the fishery permit for the instant vessel are a separate real right, the purchaser who sold the instant vessel in the discretionary auction procedure does not have the right to succeed to the fishery permit.

Therefore, the Defendant shall succeed to the Plaintiff the fishery permit of the instant vessel and transfer its right to the Plaintiff.

B. Article 41(1) of the Fisheries Act provides that “A person who intends to run a powered fishing vessel with a gross tonnage of at least 10 tons, or a powered fishing vessel with a gross tonnage of less than 10 tons as prescribed by Presidential Decree because it is particularly necessary to protect fishery resources and coordinate fisheries shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries.” Article 44(1) of the same Act provides that “a person who succeeds to, purchases, or leases a fishing vessel, fishing gear, or facility for which a fishery permit was granted under Articles 41 and 42 from a person who has obtained the fishery permit shall succeed to the status of the person who has obtained

According to the above provisions, fishery permission is made for ships and when the ownership of ships is transferred, fishery permission is also transferred.