시정명령처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation as to the instant case is as stated in the reasoning of the judgment of the first instance, except where the following judgment is added to the Defendant’s assertion, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Defendant’s assertion ① Since the Plaintiff uses the instant land as a garage for tourist buses, etc., it shall be deemed that there is a change in the form and quality thereof. Moreover, it shall be deemed that there is sufficient change in the form and quality of the land in the future, such as the suspension of land or packing work, and ② even if it is required to permit the change of the form and quality of the land in the water source protection area pursuant to Article 7 of the Water Supply and Waterworks Installation Act, it is necessary to permit the change of the form and quality of the land. As such, the Minister of Environment may designate or change any area deemed necessary to
(2) Where the Minister of Environment designates or alters a water source protection area under paragraph (1), he/she shall announce it without delay.
(4) A person who intends to conduct any of the following acts within a water source protection area designated and publicly announced pursuant to paragraphs (1) and (2) shall obtain permission from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor,
Provided, That a minor act prescribed by Presidential Decree shall be reported.
3. The instant corrective order, which orders the Plaintiff to restore the land to its original state or to fill up the ground or to change the form and quality of the land, is lawful.
B. The Plaintiff, without changing the shape of the instant land, uses the instant land that was originally converted from its original site without changing its shape. Thus, only the purpose of use is to change the shape of the land solely on the ground that it is a garage, such as tourist buses.