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(영문) 서울고등법원 2018.03.13 2017누77451

농업생산기반시설목적외사용승인무효확인

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the plaintiff in the trial does not differ significantly from the argument in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion even if the evidence submitted in the trial was examined again, is recognized as legitimate.

Therefore, the court's explanation on this case is as follows: ① among the judgment of the court of first instance, "B 5,11 square meters" in the second part of the judgment of the court of first instance shall be deemed as "L 5,11 square meters" (hereinafter "L 5,11 square meters"); ② "Recognition 5" in the fifth part shall be deemed as "No. 5, Gap evidence 12-2, Gap evidence 21, Eul evidence 12-2, Eul evidence 21, and the above fact of recognition; ② "the construction of this case" in the fifth part of the judgment of first instance shall be deemed as "the construction of this case where the existing part is maintained and the existing part is used as the present condition, and the construction of this case shall be deemed as "the construction of this case where the 5,600 square meters public waters No. 8" in the second part shall be deemed as "the construction of this case, and the construction of public waters No. 3 shall be deemed as "the construction of this case No. 5, Gap evidence 12, and No. 43" in the public waters No. 5.

1. Construction of fisheries farms;

2. Installation of shipbuilding facilities;

3. Construction of facilities using assistance.

4. Demanding that the provisions of the former Public Waters Reclamation Act concerning the reclamation of public waters should apply mutatis mutandis in accordance with the provisions for the construction of permanent facilities that divide part of the public waters.

However, according to the above evidence, fume, which is used for the construction of this case, is laid underground for drainage, and it is easy to restore it to its original state in view of its location and scale.