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(영문) 서울중앙지방법원 2015.06.11 2014가합57308
어업허가권권리이전
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff acquired the instant vessel shares in the name of the Defendant at the time of purchasing 9/10 shares (hereinafter “instant vessel shares”) of the 89 tons of the power-driven vessel in Sinpo-si (the name of the said vessel was changed several times to E, F, C, etc., and the final change was made to D” on July 21, 2014; hereinafter “instant vessel”) and the name of fishery permission was also the Defendant. On December 23, 2013, the Plaintiff entered in the warden on November 23, 2013, but according to the statement in subparagraph 1, it appears that the entry in subparagraph 1 is a clerical error as of December 23, 2013.

B. The Defendant asserts to the effect that the Plaintiff is obligated to implement the procedure for changing the name of fishery permission, on the grounds that the Plaintiff entered into a sales contract on the instant vessel shares, and accordingly the Plaintiff acquired ownership on the instant vessel shares.

B. Article 41(1) of the Fisheries Act provides that "a person who intends to run a powered fishing vessel with a gross tonnage of at least 10 tons, or a powered fishing vessel with a gross tonnage of at least 10 tons prescribed by Presidential Decree as particularly necessary to protect fishery resources and coordinate fisheries shall obtain permission for each fishing vessel or fishing gear from the Minister of Oceans and Fisheries." Article 44(1) of the same Act provides that "a person who succeeds to, purchases, or leases a fishing vessel, fishing gear, or facility for which a fishery permit is granted under Articles 41 and 42 (hereafter referred to as "fishing vessel, etc." in this Article) from a person who has obtained the fishery permit (including a corporation surviving a merger or division where the person who has obtained the fishery permit is a corporation) shall succeed to the status of the person who has obtained the fishery permit (excluding where the heir has expressed his/her objection

According to the above provisions, fishery permits are conducted for ships, and when the ownership of ships is transferred, fishery permits are also granted.

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