1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Basic Facts

Plaintiff

The designated parties are members of the Intervenor joining the Defendant, which is the fishing village fraternity established under the Fisheries Cooperatives Act by setting the AK member of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun under its jurisdiction.

The defendant joining the defendant has a fishing license for solar culture, AL, AM,N, AO, etc., and is mainly engaged in collecting and selling brins in the above aquaculture.

The provisions relevant to this case in the articles of incorporation and the management of fishing grounds of the Intervenor joining the Intervenor are as follows:

Article 8 (Regulations) (1) of the AJ fishing village fraternity's articles of incorporation shall prescribe the following matters by regulations, except as provided for in its articles of incorporation

6. Matters concerning the method of exercising the fishery right, Article 54 (Exercise of Fishery Right) (1) Any member of this fraternity may exercise the fishery right acquired by him;

(2) A fishing ground management covenant shall be determined pursuant to Article 38 of the Fisheries Act for the exercise of a fishing right under paragraph (1).

Article 4 (Exercise of Fishery Right, Method of Fishing, and Contract) (1) The exercise of fishery right shall be exercised by a person who exercises fishery right upon resolution by a general meeting from among the members of a fishing village fraternity desired

(2) An winner determined to hold an event under paragraph (1) shall conclude a contract for exercising the fishery right in accordance with attached Form 1.

Article 9 (Time and Sale of Fishery) (1) The time of fishery business shall be limited to that of the fishing ground concerned, but the date of production in the fishing ground concerned shall be determined by the chief of a fishing village fraternity in consideration of water conditions and other conditions.

(2) Products, such as brins, shall be sold jointly by the methods as determined by the fishing village fraternities, and the sale proceeds shall be paid after deducting the exercise fee under the contract for the exercise of fishery right in attached Table 1.

Article 15 (Termination of Contracts) In any of the following cases, a contract for exercising a fishery right or a contract for fishing activities shall be terminated:

5. If the holder of a fishery right violates Article 9(1) and (2), the chief of the Intervenor joining the Defendant shall be appointed by the board of representatives prior to the bidding date for selling the result collected by the members of the fishing village fraternity.