The defendant 10,739,726 Won and its related 5% per annum from September 9, 2020 to January 20, 2021 to the plaintiff, and the following.

1. Basic facts

A. On November 13, 2017, the Plaintiff: (a) was divided into C with the fishery right listed in the separate sheet (hereinafter “instant fishery right”); and (b) the portion of (i) one of the instant fishing grounds was successively connected to each of the items indicated in the separate sheet No. 1, 2, 3, 4, and 1, which are the part of the Plaintiff’s share among the fishing grounds subject to the instant fishery right; and (c) was divided into one of the instant fishing grounds.

B. The instant fishery right was registered under C’s name on November 13, 2017. On November 21, 2018, the instant fishery right was registered as Plaintiff 1/4 shares (hereinafter “Plaintiff’s shares”), D, E, and one-fourth shares, Defendant, and F, respectively.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff leased the instant fishing ground to the Defendant from April 1, 2018 to March 31, 2019 by setting the lease period of KRW 10 million per annum.

Even after the expiration of the lease term, the Defendant removed the Defendant’s facilities installed in the instant fishing ground on July 27, 2020 after occupying or using the instant fishing ground without permission. Since the Plaintiff was unable to use the instant fishing ground due to the Defendant’s unauthorized occupation or use, the Plaintiff was obliged to pay to the Plaintiff the amount of 20 million won and delayed damages for the amount equivalent to the rent between April 1, 2019 and March 31, 2021.

2) Determination A) Article 33 of the Fisheries Act (Prohibition of Lease) Article 33 of the Fisheries Act cannot be the object of lease.

In such cases, the exercise of a fishery right owned by a fishing village fraternity or a district fisheries cooperative shall not be deemed a lease, if it is exercised by a member of a fishing village fraternity, a member of a district fisheries cooperative, or a fishery partnership comprised of members of a fishing village fraternity or members of a district fisheries cooperative in accordance with the fishing management regulations under Article 38.

(a) the lease of a fishing right;