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(영문) 수원지방법원 2018.05.24 2017나61454
기타(금전)
Text

1. Of the judgment of the first instance on the principal lawsuit, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.

Reasons

1. The basis of the claim (1) F Saemaul Fisheries Association (hereinafter referred to as the "FFF Fisheries Association") is an inland fisheries association (applicable law) in which the fishery right to E is acquired, and its members share the above fishery right. The FFF Fisheries Association provides that only one adult adult per household shall be qualified to be a member of the 1st family within the scope of the Act, and if an outside person who does not reside in the FF village of the Republic of Korea wishes to become a member of the community of the Republic of Korea, the former member's qualification shall be transferred to him/her, and the decision of approval shall be decided by a resolution of the general meeting.

(2) As of December 31, 2014, Nonparty H, the father of the Defendant, was a member of the FF Fisheries Association having the fishery right to operate 15 units, 2 units, 2 units, 2 units for moving, 15 units for riding business, and 15 units for riding business as of December 31, 2014. The Defendant acquired 4 units from Nonparty G, 4 units for moving, 4 units for moving, and 4 units of fishery rights from Nonparty G around 2013, but was not approved by the FF Fisheries Association at the time of the sales contract as described in paragraph (4) below.

(3) On January 21, 2015, the Plaintiff, who had an interest in the usual fishing business, concluded a sales contract with the FF fishing fraternity to purchase the fishing right of KRW 72 million from Nonparty M (the actual manager of the fishing right in the name of Nonparty J) for the 10 lines, one management line, and 15 lines for the 15 lines for the business of fishing.

(4) However, on February 6, 2015, the Plaintiff did not notify the Defendant of the purchase of the fishery right as referred to in the preceding paragraph at the time when he/she intends to operate his/her business in the two places (the fishing right of the J is against E subordinate and the fishery right of G is against B subordinate, and the fishery right of G is against G) and purchased the fishery right in the name of the Defendant and G in the aggregate of KRW 40 million from the Defendant, the intermediate payment of KRW 10 million (i.e., payment by February 5, 2016), the remainder of KRW 10 million (payment by February 5, 2016), and the remainder of KRW 60 million (payment by February 5, 2017).

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