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(영문) 대전지방법원홍성지원 2020.07.16 2019가합30690
어촌계대의원총회결의무효확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B fishing village fraternity is a representative of Defendant B fishing village fraternity established for the purpose of promoting the promotion of productivity of the members of fishing village fraternity, conducting joint projects to improve their living standard, and enhancing their economic and social status based on Article 15 of the Fisheries Cooperatives Act. The remaining Defendants are the representatives of Defendant B fishing village fraternities, and the Plaintiff is the members of Defendant B fishing village fraternity.

B. On August 20, 2015, J concluded a contract with Defendant B fishing village fraternity to exercise the fishery right (hereinafter “instant contract to exercise the fishery right,” and “instant contract to exercise the fishery right,” which is the basis thereof, on August 20, 2015, the J acquired the right to exercise the fishery right under K and L through the instant contract to exercise the fishery right.

Among the instant fishing right exercise contract, the issues related to the instant case are as follows.

Article 4 Section 4 (J) shall not resell or exercise by proxy the exercise of the fishery right to another person, and all civil and criminal complaints arising from facilities other than the fishery right shall be subject to the responsibility of Section 4 (J).

Article 9 An event contract shall not be held liable to A (Defendant B Fishing Village) even if the event contract is not re-contracted in accordance with the resolution of the total competition.

C. On July 12, 2016, the J and the Plaintiff’s collaborative agreement was concluded and the Defendant B fishing village fraternity applied for the allocation of the right to exercise fishery rights in 2016, Defendant B sent to its members, and around July 18, 2016, Defendant B fishing village fraternity applied for the right to exercise fishery rights held by Defendant B fishing village fraternity from July 18, 2016 to July 22, 2016. On July 25, 2016, the J sent back a mail with the time limit for applying for the right to exercise fishery rights to extend the time limit to July 17, 2016. (2) On July 20, 2016, the J sent it to the Plaintiff using the right to exercise fishery rights allocated from Defendant B fishing village fraternity in 2016, and then distributes it by using the right to exercise fishery rights in 2016.

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