급수공사승인 불가처분취소
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
The plaintiff is not supplied with tap water as the owner of the land B and C (hereinafter referred to as "individual land") in Namyang-si, Namyang-si, the plaintiff is using the ground water.
On September 12, 2017, the Plaintiff filed an application with the Defendant for water supply construction works in accordance with Article 6 (1) of the Ordinance on Water Supply of Southern-si in order to install water supply pipes to supply tap water to the Defendant on the land C.
(2) On September 27, 2017, the Defendant requested the Plaintiff to supplement the application for the instant water supply project pursuant to Article 2(1)2 of the Enforcement Rule of the Water Supply Ordinance for the reason that the construction project applied by the Plaintiff falls under the case where the water supply pipes passing through the land D and E (hereinafter referred to as the “instant land,” and when the land is referred to as the individual land, it shall be specified only by the lot number), which is the land owned by others. On September 13, 2017, the Defendant rejected the application for the instant water supply project on the ground that the Plaintiff did not submit supplementary documents pursuant to Article 25 of the Enforcement Decree of the Civil Petitions Treatment Act on September 27, 2017.
On November 13, 2017, the Plaintiff filed an administrative litigation against the Defendant seeking the revocation of the above return disposition (Ji-gu District Court 2017Guhap13979). On June 28, 2018, the court rendered a favorable judgment against the Plaintiff on the ground that the Defendant demanded the Plaintiff to submit to the Plaintiff a written consent for land use from the land owners of the instant case with no obligation to submit the written consent for land use was unreasonable, and the said judgment became final and conclusive as it is.
(hereinafter “The final and conclusive judgment of this case.” The Defendant, on August 8, 2018, cut off part of the water pipes from the neighboring private land of the D main body of the connected sections of the D main body of the waterworks pipelines to the Plaintiff, and did not supply the water to C land. As such, the Defendant’s right to install facilities to confirm whether the water supply facilities can be used (the repair site) and to manage the water supply facilities.