logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2017.01.19 2016가합96
어업권행사계약무효확인
Text

1. It is confirmed that the fishing right exercise contract concluded by the Plaintiff and the Defendant around March 201 is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff is entitled to organize a fishing village fraternity based on its administrative district and economic right, etc. The Plaintiff’s members of a district fisheries cooperative may organize a fishing village fraternity based on its administrative district, economic right, etc. The district shall be prescribed by the articles of association of the fishing village fraternity.

The fishing village fraternity is established in accordance with the corporation, and the defendant is the plaintiff's member of the corporation.

B. Around March 2011, the Plaintiff entered into a contract on the exercise of fishery rights (hereinafter “instant contract”) with the Defendant on the two political network facilities (license number C political network, license number D political network) owned by the Plaintiff by setting the period for exercise by March 6, 2021, and the user fee by KRW 7 million per annum (payment in two installments) (hereinafter “instant contract”).

C. Provisions pertaining to a fishing right exercise contract are as follows:

Article 8 (Licensed Fisheries) (1) A person who intends to engage in any of the following fisheries shall obtain a license from the head of a Si/Gun/Gu:

Provided, That a person who intends to conduct the business of cultivation in the open sea shall obtain a license from the Minister of Oceans and Fisheries.

1. Fixed net fishery: A person who has obtained a fishery license under Article 8 or who has a fishery right transferred under Article 19 or has the fishery right divided under Article 17 for catching marine animals by setting up a certain area of waters at a certain place;

(2) A fishery right shall be a real right, to which the provisions of the Civil Act governing land shall apply mutatis mutandis, except as otherwise provided for in this Act.

(4) The fishery rights acquired by any fishing village fraternity which is not a corporation shall be jointly owned by the fishing village fraternity concerned.

Article 33 (Prohibition of Lease) No fishery right may be the subject matter of a lease.

In such cases, a member of a fishing village fraternity, a member of a district fisheries cooperative, or a fishery partnership corporation comprised of members of a fishing village fraternity or members of a district fisheries cooperative shall be governed by the fishing ground management covenant under Article 38.

arrow