하천점용 허가기간 연장불허가처분의 무효확인등
1. On January 24, 2014, the part of the instant lawsuit concerning the preliminary claim regarding the refusal of permission to occupy and use rivers as of January 24, 2014.
1. Details of the disposition;
A. On January 1, 2009, the Plaintiff obtained permission to occupy and use B (the area for occupancy and use: 2,754 square meters), C (the area for occupancy and use: 2,064 square meters), D (the area for occupancy and use: 1,733 square meters), E (the area for occupancy and use: 2,106 square meters) (hereinafter “the area for occupancy and use”) from the Defendant for extension of the occupancy period from January 1, 2009 to December 31, 2013.
B. On November 8, 2013, the Plaintiff applied for the renewal of the permission within the period of application from the Defendant during the period from November 11, 2013 to December 31, 2013. “Around that time, the Plaintiff was informed of the content and applied for the extension of the period of permission to occupy and use the instant river site.”
C. On January 24, 2014, the Defendant rejected the Plaintiff’s above application for extension on the ground that “The instant river site is an area included in the area subject to the “F-Comprehensive Maintenance Project” (hereinafter “instant improvement project”), which is being promoted upon entrustment by the Korea Rural Community Corporation from Scheon-si branch, and is planned to undertake construction works of G naturally occurring recreation park, including the establishment of an exchange center. The instant improvement project is not subject to protection under Article 34 (Protection of Vest River User) of the River Act in cases where the public interest is obvious compared to the project on river use by the vested river users. Therefore, the period of permission for river occupancy under Articles 69 and 70 of the River Act is inevitable for implementing public works.”
(hereinafter “instant No. 1 Disposition”) D.
On July 3, 2014, the Plaintiff filed an application with the Defendant for permission to occupy and use the instant river site. On July 9, 2014, the Defendant applied for permission to occupy and use the relevant river site, and on July 9, 2014, as “the instant river site is included in the instant improvement project site and is planned to commence a project for developing G naturally occurring recreation parks, such as H new construction and village forest improvement projects, and thus, Article 69 and Article 69