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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. A vessel listed in attached Form 1 (hereinafter “instant vessel”) is a vessel registered in the fishing vessel registry pursuant to the Fishing Vessels Act. D, as the owner of the instant vessel, has the status of a person who obtained a fishery permit with respect to the instant vessel as follows.
1) Permission number: Type of fishery business in the south of a large line I 2: The period of permission for large line fishing business 3: From July 8, 2010 to March 25, 2015
B. On behalf of D, on March 18, 2013, E drafted a sales contract between F and F to sell the instant vessel and 172 tons C in total at KRW 2.35 billion.
C. On March 27, 2013, the Plaintiff registered the change of the crew of the instant vessel to the Plaintiff following the trade of fishing vessels. On March 29, 2013, the Plaintiff changed the shipment port of the instant vessel to the Seo-gu Port in Busan, Seo-gu. The Plaintiff changed the registration of the change to the crew of the instant vessel.
Around that time, the Plaintiff reported to the Defendant that “the Plaintiff succeeded to the status of the fishery permit holder following the purchase of the instant vessel from D,” and the Defendant accepted the said report on April 1, 2013 to the Busan Fishing Village J.
E. On April 11, 2013, the Plaintiff changed the port of registry of the instant vessel to the “Ydong-gu Incheon Metropolitan City” on April 19, 2013, but changed to the “Yannam-do, Chungcheongnam-do,” on April 19, 2013, and filed an application for a change of fishery business with the Mayor/Do Governor on April 25, 2013.
Accordingly, the public officials in charge of the Gyeong-do and the South-Nam-do are immediately found to find a H-do station located in the Gyeong-dong, Sacheon-si, where the ship of this case is located, and the ship of this case has no upper structure and there is no more than half of the hull. However, the width was confirmed to correspond to 6.60 meters stated in the certificate of ship's nationality and the certificate of ship's inspection.
F. Article 19 of the Fishing Vessels Act applies to the Plaintiff on May 14, 2013.