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1. The judgment of the court of first instance is modified as follows.
All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.
2...
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows: (a) deletion of No. 6 of the judgment of the court of first instance, and Article 420 of the Civil Procedure Act is the same as the reasoning of the judgment of the court of first instance, except where the following contents are added to the part of “judgment” of Article 2(c).
In addition, Article 16 (1) of the Fisheries Act provides that a person who has obtained a fishery license shall acquire the fishery right by registering the fishery right in the register of fishery rights and requires the acquisition, loss and transfer of the fishery right, so the fishery right shall be established and transferred in accordance with the register.
In addition, Article 6 (4) 1 of the Enforcement Decree of the Fisheries Act provides that a person who intends to obtain a fishery license shall attach the location and area of the waters for which he/she intends to obtain a fishery license to the fishing right, and Article 9 (1) of the Decree on the Registration of Fisheries stipulates that the location and area of the fishing ground shall also be registered in the fishing right register by prescribing the binding book as one of the fishing right register. In full view of these relevant laws and regulations, the fishery right shall be established only on the waters, as the waters of
Furthermore, Article 16(2) of the Fisheries Act provides that the provisions on land shall apply mutatis mutandis to fishing rights, and the location, lot number, land category, land register, and boundary of land shall be specified by registration, except in extenuating circumstances, and the scope of ownership shall be determined according to the boundary on the public register regardless of the actual boundary (see Supreme Court Decision 2016Da1793, Jun. 28, 2016). Thus, it is reasonable to view that fishing rights also have become final and conclusive according to the entry on the fishery right register, which is the public book indicating fishing rights, as well.
Therefore, the plaintiff should set the scope of fishery right according to the applicant's intent to set the fishery right.