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(영문) 창원지방법원 2014.08.22 2013구합1636
어촌계설립인가신청반려처분취소
Text

1. The Defendant’s disposition of accepting applications for establishment of fishing village fraternities against the Plaintiff on May 21, 2013 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. B fishing village fraternity was established by dividing it into B fishing village fraternity and D fishing village fraternity on May 29, 190 according to the resolution of the general meeting of the fishing village fraternity on May 29, 1990. B fishing village fraternity was composed of 75 residents living in the E-Japan and 24 residents living in the G G village at the same time as 75 residents living in the E-Japan. (2) The front branch line of the above G village was selected as the business site of the development project of the marine aquaculture complex implemented by the Gando Fisheries Cooperatives around 200 (hereinafter “Nando Cooperatives”). B fishing village fraternity held an extraordinary general meeting on March 22, 200 and approved the designation of the said business site.

3) However, within the fishing village fraternity B, there was a dispute between G village residents who are likely to decrease the yield in the existing aquaculture due to the discharge of contaminated materials from the selection of the said area and the F village residents who agreed to select the said area. Ultimately, the above sea aquaculture complex development project was not implemented due to the outbreak of local residents, etc. (iv) B fishing village fraternity held a general meeting on September 13, 200 and resolved to propose H, I, J, K, and L, the residents of G village who opposed the selection of the said area.

5) On September 30, 200, H, I, J, K, and L, as above, filed a lawsuit against the fishing village fraternity B in order to confirm the invalidity of the expulsion resolution by the Changwon District Court’s 2000Kahap1392. On April 4, 2001, the above court rendered a judgment that, even though the reason for expulsion was recognized, making a resolution by the method of expulsion in the form of a universal expulsion rather than an individual expulsion is unlawful in the process. Accordingly, the fishing village fraternity B held an extraordinary general meeting on April 20, 201 and held a separate resolution for expulsion against J, K, and L respectively, and some of the residents of G villages, including I, who participated in that resolution, withdrawn from the fishing village fraternity B.

After that, the disputes have been further deepened by the G Village Residents and the F Village Residents such as filing criminal complaints or accusations with each other.

(b) Application for authorization of division of a fishing village fraternity;

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