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(영문) 창원지방법원 2016.10.18 2016구합51977
어촌계 설립 인가 처분 취소
Text

1. The instant lawsuit shall be dismissed.

2 Costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the participation.

Reasons

1. Details of the disposition;

A. The FF fishing village fraternity constituted the FF fishing village fraternity was established on May 29, 190 on an organization consisting of 75 residents residing in the FF village in the Gri-si, one of the 24 residents residing in the same Gri-si C village.

B. A request for authorization of division of the FF fishing village fraternity was made by the FF fishing village fraternity on March 200 (hereinafter “FF fishing village fraternity”)

(2) On May 19, 2001, some of C village residents, including I, were the residents of C village, who oppose the selection of the above project area, were the members of H, I, J, K, and L. Accordingly, some of C village residents, including C, including I, retired from the fishing village fraternity. (2) On August 7, 2001, the Plaintiff’s inaugural general meeting was held and the Defendant applied for authorization to establish the fishing village fraternity to the Defendant on August 7, 2001, but the Defendant was notified at the general meeting of the FF of the fishing village fraternity that it would undergo a resolution to divide the fishing village fraternity.

However, the case of division of the fishing village fraternity was rejected by the general meeting of the FF fishing village fraternity, and the plaintiff filed an application for authorization of division of the fishing village fraternity with the defendant, but the defendant rejected.

3) In around 2003, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the above rejection disposition, and received a favorable judgment in the first instance court, but the appellate court accepted the mediation recommendation with the purport of returning I et al. to F fishing village fraternity members. However, even after the Plaintiff’s withdrawal of the lawsuit, the FF fishing village fraternity’s entitlement to I et al. was not recovered. (C) On January 25, 2010, 13 of C community residents held an inaugural general meeting for the establishment of the Plaintiff and elected I as the head of the fishing village fraternity.

I filed an application with the Defendant for authorization to establish a fishing village fraternity on March 18, 2013.

2. Accordingly, on March 22, 2013 and April 20, 2013, the Defendant ordered the Plaintiff to submit the FF fishing village fraternity’s written consent and written consent for acceptance, but the Plaintiff failed to comply with such order. The Defendant on May 21, 2013.

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