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(영문) 광주지방법원목포지원 2017.10.26 2016가합12309
어업권이전등 청구의 소
Text

1. Defendant B:

(a) An agreement on August 3, 2016 with respect to the fishery right listed in Attachment 1 List 1 List 1.

Reasons

1. Basic facts

A. On August 13, 2010, the Plaintiff entered into a contract with Defendant B to sell each of the instant fishing rights listed in the separate sheet No. 1 (hereinafter “each of the instant fishing rights”). The fishing rights listed in paragraph (1) and paragraph (2) were “fishing rights G,” and “K’s original fishing H’s license number was changed on May 19, 2014” (hereinafter “fishing rights I”) and one’s license number (hereinafter “fishing rights”) and the bank facilities attached thereto for KRW 1.2 billion.

B. The Plaintiff received KRW 63 million from Defendant B until March 11, 2011, and on the same day, prepared a certificate of sale of fishery right to each of the instant fishery rights with Defendant B’s representative director and a certificate of sale of fishery right, and completed the registration of transfer of ownership in the name of each fishery partnership corporation.

C. On September 10, 2015, the Plaintiff filed a lawsuit against Defendant B seeking the payment of the purchase and sale balance amount of KRW 597 million and other expenses, such as the purchase and sale balance amount of KRW 597 million and the site acquisition cost, against Defendant B’s shares (hereinafter “fishing right J”) among the fishing rights in Changwon District Court’s territorial branch branch of the Changwon District Court (hereinafter “instant provisional attachment”), in order to preserve the purchase and sale balance claim against Defendant B on September 10, 2015

(No. 2014Gahap227). d. of the Jeonju District Court.

On June 1, 2016, the above court rendered a concurrent performance ruling to Defendant B, at the same time upon receipt of KRW 597 million from Defendant B, to comply with the procedure for the registration of transfer of ownership as to the fishery right I (hereinafter “instant judgment”), and the Plaintiff and Defendant B appealed against each of them, but the order to dismiss the petition of appeal was issued against the Plaintiff’s appeal, and the Defendant B withdrawn the appeal on July 28, 2016, and the above judgment became final and conclusive on the same day.

E. Meanwhile, as to the fishery right G on April 8, 201, the fishery partnership corporation to Defendant Tong Young-gu Fisheries Cooperatives (hereinafter “Defendant Tong Young-gu”) and as to the fishery right G

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