공유수면 점유,사용허가 불가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s new construction of the Plaintiff’s building 1) around 1995, the Plaintiff changed the land category on October 16, 2002, to “fish farm” (hereinafter “instant land”) and 496 square meters (hereinafter “the instant land”).
2) On the ground of reinforced concrete structure slive roof 7 stories (hereinafter “instant building”) 887.58 square meters related to animals on the ground.
on December 5, 1996, after new construction, approved for use by the defendant, and the same month.
9. The registration of initial ownership in the Plaintiff’s name was completed.
2) For the construction of the instant building, the Plaintiff requested the Young-gun Branch Office of the Korea Cadastral Corporation to conduct a survey on the basis of the floor of the instant building. The survey result map drawn up on May 20, 1995 is as shown in annexed Form 2. According to that, the instant building appears to be located within the instant land. The Plaintiff prepared construction-related documents, such as design drawing based on the survey result map drawn up on May 20, 1995, and obtained a building permit from the Defendant. (B) The instant land was designated as the “Natural-gun” around 195, which was at the time of the construction of the instant building, as the “Natural-gun District” around July 17, 2014, and was designated as a planned management area and a residential development promotion district, and the Plaintiff applied for a large-scale repair and alteration of the use of part of the instant building to the Defendant on June 17, 2015.
2. On July 23, 2015, according to the result of the cadastral status survey conducted on July 20, 2015, the Defendant: (a) a part of the instant building is located in the public waters beyond the instant land; and (b) a permit for change of the purpose of use may be granted only when it is necessary to acquire the right to own or use the land other than the permission that the building was deprived of pursuant to Article 6 of the Enforcement Rule of the Building Act; and (c) a right to use the polluted public waters was not acquired.
“On the ground that the above application for permission for change of use was rejected.
3. Meanwhile, on the other hand.