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(영문) 창원지방법원마산지원 2016.09.07 2014가합3160
어업권이전등록절차이행 등 청구의 소
Text

1. Defendant C is based on an agreement on December 21, 201 with respect to the fishery right stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 21, 201, the Plaintiff and the Defendants jointly contributed to funds, purchased a wheel-gun D’s establishment of Gyeongsung-gun D’s establishment of two red-type cultivation farms, and acquired two fishery licenses in the above wing-do establishment, and agreed with the Plaintiff and the Defendants to engage in aquaculture in each of the above forms (hereinafter “instant agreement”).

Accordingly, the Plaintiff paid the amount of KRW 2.5 million to the Defendants, from December 21, 201 to April 2013, 201, under the pretext of the purchase cost of the aquaculture and the acquisition cost of the license for fish farming.

B. Afterwards, the Defendants: (a) granted a license for the cultivation of shellfish in the name of Defendant C in the two red scam farms created in the above scambing season on July 30, 2013; and (b) granted a license for the cultivation of shellfish-gun fish (hereinafter “instant fishery right”); and (c) the aquaculture in which such fishery right is established is “instant aquaculture.”

After completing the registration of ownership with the 'B' and 'F', the F aquaculture is managed by the Defendants. ② As to the fishery right of this case set forth in the instant aquaculture, it is possible to transfer the fishery license to the Plaintiff after one year from the date of commencement of fishery business under the relevant laws and regulations. As such, first of all, the Plaintiff should be allowed to transfer the occupation of the above aquaculture to use it and benefit therefrom, and the Plaintiff should be allowed to transfer the name to the Plaintiff upon the arrival

C. Thereafter, on October 23, 2013, Defendant C obtained a loan of KRW 200 million with the instant fishing right and F fishing right as a joint collateral, and completed the registration of creation of each collateral of KRW 260 million with the maximum debt amount of KRW 260 million to the head of Msan Fisheries Cooperatives, a loan creditor. However, each of the above collateral was cancelled on June 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, 10, 11, 16, Eul evidence Nos. 1, 3, 6, 9, 12 (including provisional number), and the purport of the whole pleadings

2. Determination

A. Defendant C-A’s determination as to the claim against Defendant C.

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