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(영문) 광주지방법원 2015.10.29 2014구합1888
어업허가처분에 대한 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On June 15, 2005, D, the owner of the instant vessel, in the process of changing the ownership of the instant vessel, completed the registration of partial transfer of ownership of 1/10 of the vessels listed in the attached Table 1 list (hereinafter “instant vessel”) on June 15, 200, and on November 24, 2009, E completed the registration of partial transfer of ownership of the remainder of 9/10 of the instant vessel.

The instant vessel was transferred to the Sindo-si, Jeonnam-do on December 2, 2009, and on January 6, 2014, to the Dosan-si, Jeollabuk-do. The name of the vessel was changed to F on December 8, 2009, to F on April 6, 2014, and July 21, 2014, respectively, and the gross tonnage was changed to G on March 10, 2014, with the gross tonnage changed to 89 tons on March 10, 2014, to 104 tons on March 104, 2014, and to 89 tons on July 21, 2014.

The Governor of the Governor of Jeollabuk-do branch's fishery permit for the instant vessel in the Governor of Jeollabuk-do granted permission for the instant vessel: (a) the instant vessel subject to permission for the instant vessel; (b) the operation area nationwide and the period of permission was from December 23, 2010 to December 7, 2014; (c) the Governor of Jeollabuk-do branch granted permission for deep sea fishing; (d) on September 17, 2012, changed the registry of the instant fishery permit to the Gunsan City and the name of the vessel C (hereinafter referred to as "previous fishery permit").

When Sacheon Fisheries Cooperatives, the mortgagee of the instant vessel, applied for a voluntary auction of the instant vessel to H with respect to the instant vessel, which was the mortgagee of the instant vessel, filed an application for the postponement of the fishery permit with the Governor of Jeollabuk-do, the Governor of Jeollabuk-do, in full payment of the successful bid price, granted a grace period for the previous fishery permit on August 9, 2013 (hereinafter “the postponement of the fishery permit of this case”). The Governor of Jeollabuk-do, notified the Gunsan City, the Private Fisheries Cooperatives, and the E-B of this decision. On August 12, 2013, the Governor of Jeollabuk-do rendered a decision to commence voluntary auction with respect to the said application for voluntary auction.

On January 7, 2014, after the decision to commence a voluntary auction, the Plaintiff is among the instant vessels under its own name.

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