[2] Whether the transfer of the right to occupy and use public waters is subject to creditor's right of revocation (affirmative)

[3] In a case where the time limit attached to a license, which is an administrative act, is unreasonably short of the nature of the permitted business, whether such time limit can be deemed as the duration of the license, not the duration of the license itself (affirmative)

[2] According to the provisions of Article 11(1) and (2) of the Public Waters Management Act and Article 19(1) of the Enforcement Decree of the same Act, even if the right to occupy and use public waters is a right under public law, since the person who obtained permission can freely transfer the right to occupy and use public waters without permission from the competent authority, the person has independent property value, and it is not a right prohibited from seizure under law, and thus, compulsory execution may be conducted according to the execution method of "other property rights" under Article 251 of the Civil Execution Act, and it is subject to creditor's right to revoke if it is transferred

[3] In general, where the effective period of an administrative disposition is determined, the effect of the administrative disposition shall be lost upon the lapse of that period, but where the time period attached to the permission is unreasonably short due to the nature of the permitted business, it may be interpreted that the time period is not the duration of the permission itself, but the amendment of the condition shall be taken into account upon the arrival of that time period.

After finding the facts as stated in its reasoning based on its adopted evidence, the court below held that the act of the non-party 1, who actually operated the old sub-company, which is the sole property of the old sub-business, and the right to occupy and use the public waters of this case (hereinafter referred to as the "right to permit of this case"), and the act of transferring all of the public waters of this case to the defendant constitutes a fraudulent act committed by the plaintiff, who is the creditor, in light of the property status of the old sub-business, the relationship between the non-party 1 and the non-party 2, who is the representative director of the defendant, unless there are special circumstances. In light of the records, the court below's fact-finding and decision are justified, and there is no error of law by misconceptioning the facts

2. Article 11 (1) of the Public Waters Management Act provides that "the rights and obligations arising from the occupancy or use permit may be transferred or succeeded to by the method prescribed by Presidential Decree." Paragraph (2) provides that "in case where the rights and obligations are transferred or succeeded to pursuant to the provisions of paragraph (1), a person who has transferred or succeeded to such rights and obligations shall be considered as a person who has obtained the permission under this Act." Article 19 (1) of the Enforcement Decree of the same Act provides that "the rights and obligations arising from the occupancy or use permit under the provisions of Article 11 (1) of the Public Waters Management Act shall be succeeded to by the transferee, the heir, the corporation surviving the merger or the corporation established by the merger." According to the above provisions, even if the right to occupancy or use and use is a right under the Public Waters Management Act, a person who has obtained the permission may freely transfer the right without permission of the competent government agency and have independent property value, and in case where the right is not subject to the legal seizure of the right under the Civil Execution Act."

In the same purport, the court below is just in holding that the act of transferring the permission of this case and its incidental facilities becomes subject to the creditor's right of revocation, and there is no error in the misapprehension of legal principles as to the subject of the creditor's right of revocation, as

3. In general, where the effective period of an administrative disposition is determined, the effect of the administrative disposition shall be lost due to the lapse of that period (see, e.g., Supreme Court en banc Decision 94Nu14148, Oct. 17, 1995; Supreme Court Decision 9Du5153, Jun. 25, 199); however, where the period attached to the permission is unreasonably short due to the nature of the permitted business, such period shall be deemed not the period of the permission itself, but the period of the permission itself, and the amendment of the conditions shall be considered to have arrived at the expiration of that period (see, e.g., Supreme Court Decisions 4293Nu42, Feb. 22, 1962; 94Nu1866, Nov. 10, 195).

According to the records, the previous 2.3 years of permission was obtained twice from Seosan for the purpose of collecting sand and selling business. 1. The previous 2.3 years of permission was 2.0 square meters in Seosan, 80 square meters in size; 109.6 meters in retaining walls; 2.3 years of permission for the installation of 20 years of loading and unloading facilities from 20.0 square meters in size to 20.2 years of installation of 2.3 years of installation; 2 years of installation of 207 of installation of 207 of 1997; 3 years of installation of 2.07 of 2.07 of 207 of 1998 of 1997; 2.3 years of permission for installation of 20 years of 20,000 square meters in size; 117 meters in retaining walls; 117 meters in width; 2.3 years of permission for installation of 3 years of 20,000 square meters in size of 2.

Therefore, it cannot be deemed that the right to permit of this case was extinguished because the initial period of permission of this case arrived at. Thus, the defendant's ground of appeal on the premise that the right to permit of this case has already been extinguished cannot be accepted.

4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Shin-chul (Presiding Justice)