1. The plaintiff's claim is dismissed.

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

Basic Facts

Attached Form

The Defendant’s share in the license fishing right (hereinafter “instant fishing right”) is 55/95, and the Plaintiff and C’s share is 20/95, respectively.

On May 12, 2015, the Plaintiff concluded a contract with C to sell his/her share in the instant fishing right for KRW 100 million (hereinafter “instant contract”).

【Ground of recognition” did not have any dispute or clearly disputed, the Defendant’s judgment as to the entries in Gap’s Nos. 1 and 2, the purport of the entire pleadings, and the main purport of the safety defense. The co-ownership relation of the fishery right has the nature corresponding to the co-litigation, and the form of the lawsuit in this case pertaining to the disposition of the Plaintiff’s fishery right shares should be an indispensable co-litigation, and thus, the lawsuit in this case brought by the Plaintiff solely

The term "high essential co-litigation" means a co-litigation in which the co-litigation of a lawsuit is legally enforced and all co-litigants need to be consolidated.

It is not always allowed to file a single lawsuit, and the eligibility for the party is recognized only when all the co-litigations are to be filed.

Therefore, a lawsuit which does not deal with all the related persons or all the related persons is dismissed as illegal.

On the other hand, co-owners of fishery rights cannot dispose of the shares or offer them as security without the consent of other co-owners (Article 23(1) of the Fisheries Act), and the co-ownership relationship of fishery rights can be seen as co-ownership but it is impossible to transfer shares (see Supreme Court Decision 81Hu43, Jun. 22, 1982). However, the lawsuit of this case concluded the contract of this case where the plaintiff, one co-owner, transfers shares to C who is the other co-owners. The execution of the contract of this case, namely, the consent of the defendant, who is not the other co-owners of the above contract, is necessary for the transfer registration of fishery right shares, and therefore the plaintiff seeks consent from the defendant.