항만사용 불허가처분 취소
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 is a person who operated a commercial building in his/her trade name with the permission for the use of a harbor for part of the hinterland site B from the Defendant at the coast of Gangseo-si.
B. At the time of the Defendant’s implementation of the instant project in around 2015, the Plaintiff operated a commercial building with the permission to use a harbor (use period: from January 1, 2015 to June 30, 2015) with respect to the aggregate of 94 square meters (hereinafter “instant existing site”) of Gangseo-si and E site (hereinafter “instant existing site”).
C. In July 2015, in order to resolve the problem of illegal sublease by merchants operating a commercial building with permission to use a harbor in B, and the risk of accidents due to the aging of the existing building, the Defendant, if the operator of the commercial building newly reconstructed the commercial building in the existing harbor use permission method and donated the building to the Defendant, would allow the operator of the commercial building to use the commercial building free profit, and the Defendant, as to the Plaintiff, established the B harbor site management plan (No. 3) that permits the re-building of the commercial building on condition of donation only 45 square meters out of 94 square meters of the existing site used by the Plaintiff as the commercial building.
On June 28, 2016, the Plaintiff filed an application for permission to use the remaining site (hereinafter “the remaining site of this case”) among the existing site of this case excluded from the area permitted for reconstruction in the course of implementing the instant project with respect to the Defendant.
(hereinafter “instant application”) . E.
On July 6, 2016, the Defendant sent reply to the Plaintiff that the instant project was carried out according to the Plaintiff’s application, and that the existing harbor use permit was permitted only for a temporary period of time, and that it was impossible to reuse harbor facilities for the instant remaining site.
(hereinafter referred to as “instant disposition”) . [Grounds for recognition] dispute.