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(영문) 광주고등법원 2019.07.05 2018나22229
어업권행사료 반환청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are asserted.

Reasons

1. Basic facts

A. 1) The Defendant is a fishing village fraternity comprised of 110 members of the fishing village fraternity residing in He/she is a member of the fishing village fraternity, and six persons, including A, B, C, D, E, and F (hereinafter “A”).

A. (2) A, B, F, and I made an association (hereinafter “Plaintiff association”) by investing KRW A. 420 million, B, F, and I in order to enter into a contract for the exercise of a fishery right with the Defendant around 2010,000,000 won.

B. On June 12, 2010, the Defendant: (a) held an extraordinary general meeting on June 12, 2010; and (b) made a resolution to dismiss the Defendant’s president of the fishing village fraternity from office; (c) on June 21, 2010, the Defendant opened an extraordinary general meeting and elected 14 persons in total; and (d) the said general meeting held a meeting on the same day and passed a resolution to appoint K as the head of the fishing village fraternity (hereinafter “instant resolution”).

3) On October 9, 2010, the Defendant held an extraordinary general meeting and again made a resolution to dismiss J from the chief of the fishing village fraternity. 4) Meanwhile, on June 16, 2010, J filed a lawsuit against the Defendant seeking confirmation of invalidity of the instant appointment resolution and each of the above dismissal resolution (Seoul District Court 2010Gahap1730), and the said net support declared a judgment that fully accepted the claim of J on July 13, 201.

After the Defendant appealed against this and filed an appeal (No. 2011Na4369 of the Mine High Court). As a result, the Defendant withdrawn an appeal for the confirmation of invalidity of the appointment resolution of this case, the judgment of the court of first instance became final and conclusive as it is.

(hereinafter “Prior Judgment”) C.

Plaintiff

1) The Defendant entered into a contract on the exercise of the fishery right by the association and the Defendant’s fishery right (hereinafter “instant fishing ground”) out of the 750,000 square meters in the water surface of the H in leisure water.

(2) On July 15, 2010, the Plaintiff Mutual Aid Association held a license for communal fishing business (L) with respect to the fishing ground of this case. The Plaintiff Mutual Aid Association was elected as the fishing village fraternity head, and the Plaintiff Mutual Aid Association would exercise the Defendant’s right to communal fishing business with respect to the fishing ground of this case.

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