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(영문) 창원지방법원통영지원 2016.11.10 2016가합10373
어업구역 경계확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant's organization was established on May 29, 1990 by the organization consisting of 75 residents who reside in the Jeju-ri D village in the same Ri-ri village as 24 residents who reside in the Dong-ri E village in the same Ri-si.

The shapes of E Village and D Village shall be as follows:

B. Around March 200, the Defendant applied for the authorization of division of the Defendant experienced internal conflicts as a result of the selection of the marine aquaculture complex development project implemented by the macro-Sagu Fisheries Cooperatives. As a result, the Defendant resolved to remove F, G, H, I, and J as the residents of E village who oppose the selection of the said project site. Accordingly, some of the E-village residents, such as G, retired from the Defendant.

On May 19, 2001, part of the residents of E, including G, hold the Plaintiff’s inaugural general meeting, and on August 7, 2001, he filed an application for authorization to establish a fishing village fraternity with the macro-Mayor, but the macro-market notified the Defendant’s general meeting to the effect that the fishing village fraternity is subject to a resolution of division.

However, the case of division of the fishing village fraternity was rejected at the general meeting of the defendant, and the plaintiff applied for the approval of division of the fishing village fraternity to the head of the Dong-gu City but rejected the disposition.

In 203, the Plaintiff filed a lawsuit against the macro-market seeking revocation of the above rejection disposition, and the first instance court rendered a favorable judgment, but the appellate court presented a mediation recommendation for returning G, etc. to the fishing village fraternity B, and withdrawn the lawsuit.

However, even after the withdrawal of the plaintiff's lawsuit, the defendant's entitlement to G et al. was not restored.

C. On January 25, 2010, 13 of the Plaintiff’s application for authorization for establishment and the residents of related administrative litigation E-villages held an inaugural general meeting to establish the Plaintiff and elected G as the head of the fishing village fraternity.

G on March 18, 2013, on March 18, 2013, filed an application for authorization to establish a fishing village fraternity.

Accordingly, on March 22, 2013 and April 20, 2013, the macro-market issued an order to the Plaintiff to submit the Defendant’s written consent and written consent of macro-fisheries Cooperatives, etc., and on May 21, 2013, the Plaintiff did not supplement the said matters.

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