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(영문) 광주지방법원순천지원 2015.04.15 2014가합12844
어업권행사료반환
Text

1. The Plaintiff’s lawsuit against Defendant F and G fishing village fraternity shall be dismissed in entirety.

2. The plaintiff's claim against the defendant B, C, D, and E.

Reasons

1. Basic facts

A. Status 1 of the parties is that Defendant G fishing village fraternity (hereinafter “Defendant G fishing village fraternity”).

) The Plaintiff is a fishing village fraternity comprised of 110 members of the fishing village fraternity residing in I at the time of women’s fishing village. The Plaintiff and the remaining Defendants are Defendant F are the heads of Defendant fishing village fraternities, and Defendant J and K, and L 4 (hereinafter “Plaintiff, etc.”) made an association (hereinafter “instant association”) by investing KRW 420 million in the Plaintiff in order to conclude a contract for the exercise of the fishery right with the Defendant fishing village fraternity, and by investing KRW 10 million in Defendant B and K, and L, respectively, in an amount of KRW 10 million (hereinafter “instant association”).

B. On July 15, 2010, the instant association entered into a contract for exercising the fishery right (hereinafter “instant contract for exercising the fishery right”) with Defendant F, under the joint signature of four persons including the Plaintiff, entered into a contract for exercising the fishery right amounting to KRW 450,60,000 (hereinafter “instant contract”) with respect to the public waters with the Defendant’s fishing village license, size 750,000 square meters, which are managed by the Defendant F, from July 26, 2010 to May 30, 2013; and paid all of the aforementioned expenses to Defendant F, on July 23, 2010 (the said amount invested by the Plaintiff, etc.).

C. On June 21, 2010, Defendant F was elected as a leader at the Defendant fishing village fraternity’s total conference held on June 21, 2010, and M, which was the former leader, filed a lawsuit against the Defendant fishing village fraternity to seek confirmation of invalidity of the resolution dismissing himself/herself from the guidance place and the resolution selecting Defendant F as the guidance place. On July 13, 2011, the court of first instance rendered a judgment in favor of all Plaintiff (this Court Decision 2010Da1730), but the appellate court rendered a judgment dismissing the lawsuit seeking confirmation of invalidity of the resolution of dismissal of the guidance place against M on January 13, 2012 (Seoul High Court Decision 201Na4329). The remaining parts of the judgment in the first instance court of this case were finalized by the Defendant fishing village fraternity’s withdrawal of the appeal on June 14, 2012 (Supreme Court Decision 201Da17275, Jul. 17, 2012).

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