공유수면 원상회복의무 면제신청서 반려처분 취소
1. The plaintiff's appeal is dismissed.
2. The plaintiff's primary claim added in the trial is dismissed.
3. Appeal.
1. Basic facts
A. The Plaintiff buried approximately 1,650 square meters of public waters in the branch line B (hereinafter “B”) in Jin-si, Jin-si, B (hereinafter “B”) and commercialized them.
B. On August 28, 2012, the Defendant issued an order to reinstate the public waters of this case on the ground that “the Plaintiff has buried and used the public waters of this case without obtaining a reclamation license without permission,” and notified the Plaintiff that the Plaintiff would carry out a vicarious execution and collect the expenses (hereinafter “instant order for restitution”). As the Plaintiff failed to comply therewith, the Defendant notified the same content on September 20 and October 22, 2012.
C. On January 13, 2014, the Plaintiff submitted to the Defendant an application for exemption from the obligation to reinstate the public waters of this case on the grounds of Article 54(1) and (4) of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”) and Article 64 of the Enforcement Decree of the Public Waters Act.
(hereinafter referred to as “the instant application”). D.
On January 20, 2014, the defendant made a notification to the effect that the public waters reclamation in this case has a low impact on the environment and ecosystem should be determined by scientific and objective evidence, such as a review report or service result by an expert. However, there is no evidence to prove that the applicant has to prove it, and if the applicant is exempted from the duty of restoration, it is determined that the illegal reclamation of the public waters in this case may cause enormous impediment to the conservation, use, and management of the public waters such as illegal reclamation of the surrounding public waters and production
(hereinafter referred to as "the rejection disposition of this case"). / [Grounds for recognition] The following facts are without dispute, Gap's evidence 1, 2, and 8, Eul's evidence 1, 2, 5, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The defendant's rejection disposition of this case against the defense prior to the merits of this case.