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(영문) 수원지방법원 2019.01.15 2018구합63410

하천부지점용허가신청반려처분취소

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1. On December 29, 2017, the Defendant’s disposition of rejection of the application for change in the occupation and use of the river site against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 7, 2010, the Cridge of a religious organization (hereinafter “Cridge”) obtained permission from the Defendant for occupancy and use of land, namely, four parcels outside of the instant land, the occupied area: 434 square meters, and the occupancy period: from April 7, 2010 to December 31, 2010, with the content of “the purpose of occupancy and use: the establishment of a bridge for entering and leaving a church site: D river 1,329 square meters (hereinafter “instant land”).

B. Around July 27, 2012, the Plaintiff acquired three parcels outside the F of Gwangju City (G, H, and I in the case of Gwangju City) (F in the case of Gwangju City) and obtained a construction permit for the construction of Class 1 neighborhood living facilities (retail stores) on the above land from the Defendant.

C. On October 23, 2017, the Plaintiff: (a) filed an application with the Defendant for the permission of occupation and use of land (hereinafter referred to as “instant application”) containing “the purpose of occupation and use: Bridge installation for the creation of a Class I neighborhood living facility, retaining wall installation, blasting stone storage, period of occupation and use: From October 2017 to December 31, 2017: Change of purpose of occupation, change of area for application, change of structure plan, etc.” (hereinafter referred to as “instant application”).

On December 29, 2017, the Defendant returned the instant application to the Plaintiff for the following reasons (hereinafter “instant disposition”). The instant disposition was served on the Plaintiff around April 2, 2018.

보완 미이행 사항 ◎ 사유지(D) 동의서(이하 ‘제1처분사유’라 한다) ◎ 석축시공 관련 자료(시공관련 구조안전확인서, 기초시공사진)(이하 ‘제2처분사유’라 한다) ◎ 계획도면과 지적공사 현황측량도가 상이한바 사업계획, 도면 등 재검토(계획도면과 실제 구조물이 상이할 경우 원상복구 선행)(이하 ‘제3처분사유’라 한다) [인정근거] 다툼 없는 사실, 갑 제1 내지 3호증(가지번호 포함, 이하 같다), 을 제7, 13,...