원상회복 의무면제 처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Details of the disposition;
A. C obtained permission from the Defendant to occupy and use public waters (hereinafter “G occupancy and use permission”) with a period of permission from June 10, 2015 to June 9, 2020 for the purpose of creating an access road to a single house with respect to 306 square meters of F river 135,148 square meters (hereinafter “the instant river”) from the Defendant on June 10, 2015, for the purpose of creating an access road to a single house, and on May 1, 2016, for the purpose of creating a site site with respect to 111 square meters and 129 square meters among the instant rivers, the period of permission for each use and use of public waters from May 1, 2016 to December 31, 2020 (hereinafter “the occupancy and use permission number of 11 square meters” is “the occupancy and use permission number of the instant river,” and the area of each of the instant public waters is “the area of 11 square meters and below the area of the instant river.”
The part which each occupation permit of this case was issued is indicated below (the photograph and drawings).
【Colors and Drawings】
B. On September 19, 2016, the Defendant revoked each of the instant occupancy permission pursuant to Article 19(1)1 of the former Public Waters Reclamation and Management Act (wholly amended by Act No. 14726, Mar. 21, 2017) on the ground that “environmental review report” submitted by C at the time of application for each of the instant occupancy permission does not constitute an opinion under the name of an environmental impact assessment business entity registered pursuant to Article 53 of the Environmental Impact Assessment Act.
C. Meanwhile, on March 23, 2017, the Defendant rendered a disposition to exempt C from the obligation to reinstate following the cancellation of the occupancy permit of this case pursuant to Article 21(4) of the Public Waters Reclamation and Management Act (hereinafter “Public Waters Act”) and Article 22 Subparag. 2 of the Enforcement Decree of the Public Waters Act (hereinafter “instant disposition”).
Plaintiff
The north-west side of 4,889 square meters (hereinafter referred to as the “instant land”) before I in the city of Masung-si.