logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2019.06.21 2018나25563
어촌계원제명처분무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a fishing village fraternity consisting of fishermen residing in the female-si C, and the Plaintiff was the Defendant’s leader from October 2014 to November 2017 as the Defendant’s leader.

B. On February 29, 2016, the Plaintiff entered into a contract on the exercise of the fishery right (hereinafter “instant contract on the exercise of the fishery right”) with D pertaining to E, F, and G, among the fishery licenses owned by the Defendant, within KRW 53 million and exercising the fishery right for three years (hereinafter “instant contract”).

The main contents of the instant fishing right exercise contract are as follows.

The fishery right exercise contract(No. 8) shall be exercised with respect to fishery licenses E, F and G communal fishing rights under Article 1 (Fishing Rights E, F and G, as follows:

Article 2 (Period for Exercise) Period for exercise shall be from February 29, 2016 to February 29, 2019.

Article 3 (Exercise Fees) The lessee is prohibited from altering the location of a fishing ground, or transferring, selling or leasing the fishery right to any third party without the consent of the defendant, Article 4 (2) of the 53,500,000 won for three years. The lessee is prohibited from altering the location of a fishing ground, or transferring, selling or leasing the fishery right to any third party without the consent of the defendant.

A person shall be appointed.

1. They shall be limited to dump, sea ginseng, bryp, reed, or remodeled in the course of their meetings on February 23, 2016;

2. The new light within the village fisheries E shall be excluded; and

C. As of March 23, 2016, the Defendant again obtained a fishery license for the same public waters as H and I on the expiration date of the fishery license term of the above E and F, and on June 23, 2016.

On November 2017, the Plaintiff presented an agenda item to reflect the change in the number of fishery licenses in the instant agreement to exercise the fishery rights so that D may collect a new signal, but the Plaintiff expressed an opposing opinion that many of the members of the Defendant’s fraternity have the right to collect a new signal, and the Plaintiff resigned from the position during the aforementioned discussion.

E. On December 26, 2017, the Defendant: (a) held an extraordinary general meeting on January 2, 2018; and (b) held a dispute in the position that “the Plaintiff has the right to gather new lighting to D”.

arrow