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(영문) 대구지방법원 2015.12.16 2015구합22631

하천 및 구거점용허가신청 반려처분 취소청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of 43,775 square meters of a river (hereinafter “instant State-owned land”) which is a State-owned land adjacent to each of the instant land and 3,580 square meters of a ditch 2,221 square meters of a Gu-si B (hereinafter “instant land”) and C, and the Defendant is the managing authority of 43,775 square meters of a river (hereinafter “instant State-owned land”) which is a State-owned land adjacent to each of the instant land and 3,580 square meters of a ditch (hereinafter “instant E State-owned land”).

B. On October 2013, the Plaintiff filed an application with the Defendant for permission to occupy and use 29 square meters of the instant State-owned land, among the instant State-owned land, to use it as an entry to construct a new house on the instant land. On October 21, 2013, the Defendant: (a) on October 21, 2013, the occupation area was “29 square meters of the instant State-owned land”; (b) the purpose of the occupation was “establishment of a Jinro (me 9mp, concrete packaging 29mp)”; and (c) the occupation period was “from October 2013 to December 2018.”

C. After that, the Plaintiff, among the State-owned land of this case, filled up a natural stone on approximately 204 square meters (the part indicated in the attached Form No. 2) among the State-owned land of this case and about 171 square meters (the part indicated in the attached Form No. 1) among the State-owned land of this case, and "the facility of this case" is "the facility of this case.

D) Possession of the public waters and reclamation Act (amended by Act No. 12738, Jun. 3, 2014; hereinafter the same shall apply) on the ground that the Plaintiff’s instant facilities impairs the utility of State-owned land due to the instant facilities and is likely to cause a disaster due to changes in the shape of a water course, etc.

Pursuant to Article 21(1) and (2), on October 13, 2014, the order was issued to reinstate the instant facilities located in the instant State-owned land of this case by November 13, 2014, and on May 27, 2015, the order was issued to reinstate the instant facilities located in the instant State-owned land of this case by June 27, 2015.

E. On June 10, 2015, the Plaintiff is on 204 square meters among the State-owned land of this case owned by the Plaintiff to the Defendant as above and on 171 square meters among the State-owned land of this case E.