농업기반시설 용수 사용불허가처분취소
1. Non-permission of the application for use of the agricultural infrastructure and water filed by the Defendant to the Plaintiff on June 20, 2018.
1. Details of the disposition;
A. On June 8, 2018, the Plaintiff filed an application with the Defendant managing the said reservoir pursuant to Article 16 of the Rearrangement of Agricultural and Fishing Villages Act for permission for use of agricultural production equipment and water for any purpose other than the purpose of generating agricultural production equipment, as follows, with respect to the reservoir located in Yeongdeungpo-gu, Seoul Special Metropolitan City and one parcel (hereinafter “instant reservoir”).
The area used for the location of the facility for the use of the facility shall be 9,735 square meters for the purpose of using 9,735 square meters for a charged fishing place outside the reservoir to be used, and the period of using the facility for the use of the facility shall be from May 2018 to March 30, 2028.
On June 20, 2018, the Defendant rejected the above application on the ground that “the permission to use agricultural production infrastructure under Articles 18 and 23 of the Rearrangement of Agricultural and Fishing Villages Act is not possible to maintain and manage agricultural production infrastructure, use agricultural water and prevent water pollution” (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the Chungcheongbuk-do Administrative Appeals Commission dismissed the said appeal on October 26, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including additional number; hereinafter the same shall apply), Eul evidence Nos. 3 and the purport of the whole video and pleading
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion of this case is erroneous in matters of law such as misunderstanding facts or violating the principle of equity as follows.
1. The reservoir of this case is surrounded by a road, the surrounding areas are gradually developing and using water stored in the said reservoir as agricultural water; neighboring local farmers agree to use the reservoir of this case as a fishing place; and the plaintiff maintains and manages the reservoir of this case while operating a fishing place, thereby preventing water pollution of the reservoir of this case.