어항시설 사용,점용 불허가처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 31, 2013, the Plaintiff filed an application with the Defendant for the occupancy and use permit for the installation of a bridge, cell phone, and a simplified warehouse facility (hereinafter “instant application”) with respect to the 214m24m2 in Ansan-si’s 726m2 (hereinafter “instant fishery harbor facility”). From October 2013 to October 2016, the Plaintiff filed an application with the Defendant for the occupancy and use permit (hereinafter “instant application”).
B. On November 15, 2013, the Defendant rendered a non-permission disposition on the ground that “this case’s fishery harbor facility is a fishery harbor designated and publicly notified under the Gyeonggi-do Public Notice No. 2000-24 on August 14, 200, and where the Plaintiff installs the facilities applied for within the instant fishery harbor facility zone, it may cause hindrance to the public use of the fishery harbor facility.”
(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff alleged that the plaintiff applied for permission to occupy and use the part inside the date of the fishery harbor facility of this case, which is not likely to impede the operation of the fishing vessel or the public use of the fishery harbor of this case, even if the permission is granted, and the facilities to be installed through the application of this case increase the convenience of the use of the fishery harbor of this case and are more compatible with the public interest. The defendant permitted the installation of the YNN and the YSNNNN. In full view of the fact that the denial of the installation of the facilities requested by the plaintiff is against the principle of equity, the disposition of this case is illegal disposition that significantly deviates from the discretionary authority.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. On November 5, 2013, the fishery partnership corporation for the loan of one-way fishing vessel owner is located in a small-type vessel, such as an outboard machine, with the narrow location of the application in this case.