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(영문) 창원지방법원통영지원 2016.04.21 2015가합478
조합원지위확인
Text

1. The Defendants set up a landing point at K branch line at the Jo-si of the National Park Management Corporation on November 15, 1999 by the Plaintiffs.

Reasons

1. Facts of recognition;

A. On March 16, 198, Defendant D related to the parties agreed to operate excursion ship business on the coast line K at the time of macro, and after obtaining permission to occupy and use public waters and to install structures on the coast line at the above coast line with the permission to install the facilities, Defendant D installed a bridge for bet and a bet (hereinafter “instant facilities”) on the coast line at the coast line, and operated a bet line business.

Defendant D agreed to own the 1/3 share of the instant facility, and the Defendant’s Intervenor, from March 1990 to March 3, 1990, collected 7% of the revenue amount from the excursion ship business owner using the instant facility as the fee.

The instant facilities are located within the fishing ground where the Defendant’s Intervenor’s Intervenor’s communal fishing right has been licensed.

B. On December 21, 1996, the Korea National Park Service: (a) reflected the part related to the instant facilities in the M state Park Planning; (b) as a result, four owners, including Defendant D, applied for a permission to implement a park project to the Korea National Park Service on December 1, 1998, in accordance with the opinion of the Korea National Park Service that it is required to obtain a permission to implement a park project in order to implement a scenic area; (c) the Intervenor did not submit a written consent, against the permission to implement a park project on the ground that the damage to the village fishing ground was caused to the village fishing ground; and (d) the Korea National Park Service rejected the said application on the ground that the Defendant did not consent.

Accordingly, Defendant D, E, F, G 4 and Defendant H4, who are the owners of scenic lines, applied for permission to implement a park project under the joint names of Defendants D, E, G, and Defendant H4 (at that time, Plaintiff A was the leader, Plaintiff B and C was the leader, and Defendant H was the secretary). On November 5, 1999, Korea National Park Service (amended by Act No. 6450, Mar. 28, 2001) granted permission to implement a park project (hereinafter “instant permission”).

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