1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. As to the fishery right listed in the separate sheet (hereinafter “the fishery right of this case”), the Defendant owned 5/95 shares among them, 20/95 shares among them, and 20/95 shares among them, and 20/95 shares among the network D. On December 30, 2015, the network D drafted a testamentary document (hereinafter “instant testamentary document”) stating that all of the fishery right shares owned by the above network D and the facilities for the mining ground will be bequeathed to Plaintiff B and the Plaintiff will be the executor of the Plaintiff.

B. The deceased D (hereinafter “the deceased”) died on March 23, 2018, and Plaintiff B, Defendant and E, F, G, and H as the inheritor’s children.

After the deceased died, the Defendant, G, and H filed a claim for an adjudication on the division of inherited property against Plaintiff B, E, and F with the Changwon District Court 2018Rahap7 on April 29, 2018, and the said adjudication is still pending.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 2-1, 2, Eul evidence 1, the purport of the whole pleadings

2. In order to make the transfer registration of the Plaintiff’s fishery right shares in the Plaintiff’s name based on the instant testamentary certificate, the Defendant’s consent is required, which is the right holder of the instant fishery right, to share the fishery right. As such, the Defendant is obligated to express his/her consent to the transfer registration in the Plaintiff’s name based on the instant testamentary certificate.

3. Article 23(1) of the Fisheries Act provides that “A co-owner of a fishery right shall not dispose of his/her share or provide it as a security without the consent of other co-owners.” However, there is no legal basis or circumstance to deem that the Defendant has the obligation to express his/her consent to the procedures for the registration of transfer of the shares in the fishery right to the Plaintiff B through testamentary gift or inheritance. If the Plaintiffs seek the declaration of consent to transfer of the shares in the fishery right through the lawsuit in this case, the Defendant’s consent cannot be deemed a necessary condition for the registration of transfer