계고처분취소등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a non-profit incorporated association established for the purpose of enhancing the foundation ideology, etc. of the single military branch from around 1983 to now, constructed a building that is to be used as the single military unit, obstacles, vegetable vegetable, vegetable vegetable, etc. (hereinafter “instant building”) in the land of 161-1, 161-2, and 163, which was located in Pyeongtaek-gu, Gyeonggi-do, Gyeonggi-do, Gyeonggi-do.
B. The Defendant: (a) removed the instant stone axis by April 8, 2014 pursuant to Articles 15(1) and 21(2) of the Public Waters Management and Reclamation Act, on the ground that part of the instant stone axis (hereinafter “instant stone axis”) among the instant buildings was invaded by part of the 1025-dong-ri river 95,908 square meters (hereinafter “instant public waters”), which is a public water surface, on April 31, 2014; (b) removed the instant stone axis by May 31, 2014; and (c) ordered to pay KRW 1,061,780 for indemnity for the use of the said public waters without permission by April 30, 2014.
(hereinafter “instant disposition”). C.
On June 3, 2014, the Defendant issued an order to remove the instant stone shed again to the Plaintiff on June 3, 2014, but the Plaintiff failed to comply with this order. Accordingly, on October 31, 2014, the Defendant ordered the Plaintiff to remove the instant stone shed by November 31, 2014 pursuant to Article 21(2) and (3) of the Public Waters Management and Reclamation Act, and notified the Plaintiff of compulsory removal by administrative vicarious execution if the Plaintiff did not remove the instant stone by up to time.
[Ground of recognition] Each description of Gap evidence Nos. 1 through 3, 6, 12 through 15, Eul evidence Nos. 2 and 5 (including the number with each number), its images, and the purport of the whole pleadings
2. The Plaintiff’s assertion of the instant stone exists only on the land located in the Yandong-ri 161-2, Gyeonggi-gu, Gyeonggi-do, the private land, and does not exist on the public waters of this case. Thus, the instant stone axis exists on the public waters of this case.