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(영문) 춘천지방법원 강릉지원 2018.07.17 2018가단30449
소유권이전등록
Text

1. The Defendant shall invalidate the agreement made on October 31, 201 with respect to 20/100 of the shares out of the fishery rights listed in attached Table 1 to the Plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 2010. 2. 4. 강원도 삼척시 C 지선 별지 도면 표시 가, 나, 다, 라, 가의 각 점을 차례로 연결한 선내 (1) 부분 10ha 부분(이하 ‘이 사건 어장’이라 한다)에 관한 우렁쉥이(멍게) 양식 어업권을 취득하였다.

The term of validity of the above fishery right was until February 3, 2020, and was corrected from July 22, 2010 to September 9, 2017, and was extended from August 23, 2017 to September 9, 2027.

B. On October 31, 201, the Plaintiff entered into a partnership agreement with the Defendant regarding the instant fishing ground (hereinafter “instant agreement”). The main contents are as follows.

우렁쉥이 양식장을 원고와 피고가 2011. 10. 31.부터 2017. 10. 31.까지 6년간 동업한다.

A partnership business shall be operated for six years with an equity interest of 80% and 20% of the shares of the partnership business.

Since six years, the defendant's share 20% shall be refunded to the plaintiff without any condition.

The management of revenue and expenditure shall be the head of the bank in the name of the plaintiff and the defendant, and the defendant shall be fully managed, and the funds shall belong to the defendant.

Any extension contract shall be deemed non-existent after six years of the operating period.

Expenses related to fishing grounds, such as management costs and production costs, during the period of the operation of the partnership, shall be borne by the defendant, and no claim for reimbursement or compensation shall be filed against the plaintiff.

All general responsibilities, such as accidents and civil petitions arising from the maintenance and management of fishing grounds, shall be borne and managed by the defendant.

At the time of the occurrence of the problem concerning the compensation for fishing grounds within the six years of the Dong business, the defendant promises to receive only 20% of the total amount of compensation to the plaintiff.

No objection shall be raised against the payment of compensation six years after the period of the business.

However, it is promising that the defendant will receive 100% of the compensation due to natural disasters within six years.

C. The Plaintiff received KRW 24 million from the Defendant in return for the instant contract. On October 31, 201, the Plaintiff received KRW 5 million as the down payment on October 31, 201, and the Defendant paid the remainder of KRW 19 million to the Plaintiff on October 31, 201.

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