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(영문) 전주지방법원군산지원 2019.07.12 2017가합10529
어업권행사권 부존재확인 등 청구의 소
Text

1. On May 7, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 215,00,000 and KRW 210,000 among them.

Reasons

1. Basic facts

A. The Plaintiff is the holder of a fishery license D with respect to the waters adjacent to the waters adjacent to the former Northern Zone C (hereinafter “instant fishing ground”), and the holder of a fishery license E (hereinafter collectively referred to as “instant fishery right”).

B. On April 1, 2015, the Plaintiff and the Defendant concluded a contract on the exercise of the fishery right (hereinafter “instant contract”) with the following content that: (a) the Plaintiff granted the Defendant the right of re-delivery and the right of extraction based on the instant fishery right in the instant fishing ground from April 1, 2015 to April 1, 2021; and (b) is to receive KRW 310,000,000 as the price therefor:

Contract for Exercise of Fishery Right

1. Indication of fishing right - Number of fishing license for fishing business - method of fishing business: Galgori gathering - The location and area of fishing ground: The area of waters adjacent to the west-gun of North Korea - the area of fishing ground: 100,000 square meters (10 square meters): The types of captured articles shall be limited to the whole clothes and sea ginseng inhabited at the said branch line;

2. Period for 6 years from April 1, 2015 to April 1, 2021:

3. The exercise fee for the fishery right shall be 310,00,000 won in a lump sum for six years, and the exercise fee shall be paid in full at the time when a contract is concluded, i.e., the exercise fee.

(A) If the contract is not paid in full, the contract shall be reversed and shall be null and void.

4. Upon entering into the above contract for the exercise of the fishery right, the Plaintiff, who is the holder of the fishing license for the fishing village fisheriesD, shall be the Plaintiff, and the Defendant, who shall acquire the fishery right from the holder of the fishing right (which shall be the third party and the preceding purchaser

5. Conditions and compensation for fishing rights and liability A shall have the duty to protect the fishing rights from the fishing ground at which they may be infringed upon, at the same time, upon entering into a contract with B, and B shall perform the work as provided for in the Fisheries Act in compliance with the indication of fishing grounds and administrative instructions.

6.If, after the conclusion of a contract, the exercise fees are not paid immediately due to any cause attributable to the principal, the contract shall be terminated as a matter of course and the amount to be paid B.

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