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(영문) 서울고등법원 2019.06.28 2019누33530

등록거부처분 무효확인의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following matters:

Three pages 1 (does are excluded from running trees; hereinafter the same shall apply) and three parallels of "this Court" shall be changed to "Court of First Instance".

4. The 4.1 p.m. “As. 4, 6, and 7” shall be considered as “As. 4, 6, and 7(including each number).”

The 6th 12th 12th am "no illegality shall be deemed unlawful, exceeded the limit of the delegated legislation, or violated the rule of law administration."

Each of the 6th 21th 2th 2th 2th 2th 1st 1st 2th 201 and 12th 3th 3th 2nd 201, “former Fishing Management and Promotion Act (amended by Act No. 10851, Jun. 15, 201; effective September 10, 201)” is “former Fishing Management and Promotion Act (amended by Act No. 10458, Mar. 9, 201; effective September 10, 2012).”

The 7th parallels to 18th parallels are as follows:

According to the Framework Act on Environmental Policy and the instant notice, etc., the Plaintiff argued to the effect that the report of the instant fishing place business was impossible at the beginning. However, the instant fishing place was allowed to be voluntarily reported pursuant to Article 11(2) of the former Inland Water Fisheries Act (amended by Act No. 7477 of Mar. 31, 2005) enforced on July 29, 200 with respect to the instant fishing place business, so this part of the Plaintiff’s assertion is without merit. The public interest cannot be deemed to be less than private interest, such as the Plaintiff’s property loss, on the sole basis that the instant fishing place was created in waters of private waters with a small size, and that there was a considerable distance from E, thereby adversely affecting the preservation of water quality of the instant fishing place and securing the safety of food sources in the Seoul metropolitan area.