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(영문) 부산지방법원동부지원 2017.08.18 2016가합1389
양식장사용수익권부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff is a fishing village fraternity consisting of fishermen residing in Busan metropolitan transportation Daegu Cdong as its members, and the Defendant is the owner of fishing vessel “D” and is a member of the Busan Si Fisheries Cooperatives (hereinafter “Seoul Si Fisheries Cooperatives”) from March 18, 2016.

Busan Si Cooperatives is a fishery right holder who has obtained a fishery license in attached Form (hereinafter referred to as “instant fishery license”) from the Minister of Oceans and Fisheries on April 15, 2015 in the name of E.

B. D is a fishing vessel owned by Plaintiff F, which was owned by Plaintiff F, and upon the death of F, succeeded to G and completed the registration of change in ownership in the fishing vessel register on March 5, 2015.

The defendant purchased D from G on March 23, 2015, and completed the change of ownership on March 24, 2015.

Since then, G submitted the report on withdrawal from the accounts on November 19, 2015 to the Plaintiff, and received KRW 3,400,000 with the amount of withdrawal.

C. The Plaintiff entered into a contract on the exercise of fishery rights between April 25, 2016 to April 24, 2017 with respect to the instant fishery license.

The holder of the fishery right under the above exercise contract is 12 persons, and 11 of them is the plaintiff's fraternity, and 1 of them is the plaintiff's associate fraternity.

In 2016, the Plaintiff adopted a resolution to divide the fishing ground that G had been exercised by F (the current title holder of the event is “H”) into one, another, through the 4th and 5th council of delegates (if the date is unclear but the meeting was conducted as a notice of convocation, the fifth council of delegates would have been held on June 9, 2016) in 2016.

Accordingly, on September 29, 2016, the Plaintiff applied for approval for the designation of a fishing vessel to the Suhyup, by designating I as “the event holder after the change.” On October 12, 2016, the Busan Suhyup sent the Plaintiff a reply to the effect that the conclusion of an event contract is reserved on the grounds that the Defendant’s civil petition against the above fishing ground was filed.

[Reasons for Recognition] Gap evidence 2-2, Gap evidence 4, 5, 6, 9, 10, 12, Eul evidence 1, 5, 7, 11, and 12

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