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(영문) 수원지방법원 2018.10.18 2018구합65386

지하수개발ㆍ이용자권리ㆍ의무승계신고수리처분 취소 청구의 소

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1. On April 26, 2017, the Defendant’s report on the succession to the rights and obligations of the developer and user of groundwater that was made to the Intervenor joining the Defendant.

Reasons

1. Details of the disposition;

A. On July 19, 2010, the Plaintiff leased the instant hotel from the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) (hereinafter “Korea Savings Bank”), the owner of the 3,081 square meters above the ground of 3,081 square meters in Pyeongtaek-si D (hereinafter “instant land”). On the other hand, the Plaintiff was running a tourist accommodation business, food and service business, while running a tourist accommodation business, food and service business on December 31, 2015.

B. On April 25, 201, the Plaintiff obtained from the Defendant the permission for the development and utilization of groundwater (the permission number F, G, and hereinafter “instant permission”) pursuant to Article 7(1) of the former Groundwater Act (amended by Act No. 10763, May 30, 201) with respect to the term of validity as to the groundwater hole (one hole: the water pumping capacity of 84 square meters/day, the water pumping capacity of 82 square meters/day: 22 square meters; hereinafter “instant groundwater facilities”) within 15 meters in diameter of the excavation depth of the underground of the instant land, from the Defendant, for five years from April 25, 201 to April 25, 2016. < Amended by Act No. 10763, May 30, 2011>

C. After that, on March 25, 2014, the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) was awarded a successful bid for the instant land and hotel in the public auction proceedings conducted by the Korea Savings Bank by the Korea Deposit Insurance Corporation, purchased the instant land and hotel from the Korea Deposit Insurance Corporation in charge of bankruptcy in KRW 5,802,071,00, and completed the registration of ownership transfer on July 29, 2014.

The defendant, on November 22, 2016, has a receiver as the plaintiff and currently used at the time of the hotel of this case, shall submit an application for permission to extend by not later than 30 days prior to the expiration date of the term of validity pursuant to Article 7-3 of the former Groundwater Act and Article 12-3 of the Enforcement Decree of the same Act along with a report of impact on the ground that the applicant shall submit the application within the last six months, and after performing follow-up management pursuant to the provisions of Article 9-5 of the Groundwater Act, it shall be within the prompt time limit accompanied by a report of impact on