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(영문) 대전고등법원 2019.06.05 2018나14722
어업권이전등록
Text

1. The preliminary action shall be dismissed at the trial; and

2. The plaintiff's appeal is dismissed.

3. Appeal.

Reasons

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties’ assertion

A. According to the instant conciliation, E and the Defendant purchased shares in the instant fishing right from the Defendant in KRW 1.1 billion. The down payment amount is KRW 400 million paid to the representative director of the Defendant on July 25, 2016, and the remainder is paid up to January 10, 2017. After the Defendant received the remainder from E, the sales contract for the instant fishing right was concluded with the corporation designated by E to transfer the shares in the instant fishing right. After that, the Defendant agreed to increase the balance to KRW 80 million by April 10, 2017, instead of extending the payment date for the remainder to KRW 1.3 billion, the Defendant paid the remainder to the Defendant by March 7, 2017, and the Defendant, as designated by E, paid the Plaintiff KRW 400 million to the Defendant up to KRW 1.3 billion on the date of transfer of the instant fishing right by the date of transfer of the shares in the instant fishing right to the Plaintiff by the date of transfer of the fishery right to the Plaintiff.

Accordingly, on September 25, 2017, the Plaintiff paid KRW 90 million to the Defendant on September 25, 2017, and the remainder KRW 10 million to K upon the Defendant’s request. As such, the Defendant is obligated to implement the procedure for the registration of transfer of fishery right based on the instant agreement with respect to the share of fishery right to the Plaintiff, which is the preliminary claim.

3. The fishery right of this case to the defendant.

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