logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.08.30 2016구합50639
어촌계설립불인가 처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. A fishing village fraternity was established on May 29, 1990 on an organization consisting of 75 residents residing in the Japanese village of the same Ri, 75 residents residing in the Japanese village of the Dong-si, Dong-si.

B. A fishing village fraternity, around March 200, experienced internal conflicts as a result of the designation of the marine aquaculture complex development project implemented by the macro-fisheries Cooperatives (hereinafter “Madin Fisheries Cooperatives”), and as a result, a resolution was passed for expulsion from D, E, F, G, and H, residents of A, who opposed to the designation of the said project site, and as a result, some of the residents of A, including E, retired from the fishing village fraternity.

C. On May 19, 2001, some of the residents of A, including E, held the Plaintiff’s inaugural general meeting, and on August 7, 2001, filed an application for authorization to establish a fishing village fraternity with the Defendant, but the Defendant notified at the general meeting of B fishing village fraternities that it would undergo a resolution for division of a fishing village fraternity.

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

In 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 rejected the lawsuit that presented a mediation recommendation with the content of returning E, etc. to the fishing village fraternity B.

However, even after the withdrawal of the plaintiff's lawsuit, the qualification of the member of the fishing village fraternity B to E, etc. was not restored.

E. On January 25, 2010, 13 of A Village residents held an inaugural general meeting to establish the Plaintiff and elected E as the head of the fishing village fraternity.

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

F. Accordingly, on March 22, 2013 and April 20, 2013, the Defendant issued an order to supplement the Plaintiff to submit the consent form and written consent form of fishing village fraternity B to the Plaintiff, but the Plaintiff failed to comply with the order. The Defendant filed an application for authorization to establish a fishing village fraternity on the ground that the Plaintiff did not supplement the above matters on May 21, 2013.

arrow