농업기반시설목적외 사용승인 및 낚시터업허가처분취소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B, on December 16, 2002, filed an application for approval of use for agricultural infrastructure other than agricultural infrastructure with the Defendant pursuant to Article 20 of the former Rearrangement of Agricultural and Fishing Villages Act to operate a fishing place business in D (hereinafter “instant reservoir”) which is an agricultural infrastructure installed on the land (hereinafter “instant reservoir”) other than the 11 parcel of land (hereinafter “instant site”). On December 18, 2002, the Defendant approved the application (use period: from December 17, 2002 to December 16, 2005).
Around that time, B filed an application with the Defendant for permission for inland fisheries pursuant to Article 9(1)5 of the former Inland Water Fisheries Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Inland Water Fisheries Act”), and the Defendant granted permission for inland fisheries to B on December 27, 2002 (term of validity: from December 27, 2002 to December 16, 2005).
B. Since then, on November 28, 2005, the defendant approved the extension of the use period for non-agricultural infrastructure (the use period: between December 16, 2005 and December 15, 2010), and on December 15, 2005, respectively, the permission for inland fisheries (the validity period: from December 15, 2005 to December 15, 2010) was granted to B, and on January 3, 201, the approval of the extension of use period for non-agricultural infrastructure (the use period: December 15, 2010 to December 31, 2015; hereinafter referred to as "approval of this case"), and the permission of inland fisheries on January 4, 201 (the validity period: hereinafter referred to as "permission of this case") was granted.
C. Meanwhile, the Plaintiff is the owner of 2/6 shares out of 292,726 square meters of forests and fields E 292,726 square meters, and among the above land, 1,09 square meters of the above land (hereinafter “instant land”) are included in the instant land that runs a fishing place business in B.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 9 (including branch numbers for those with serial numbers), the purport of the whole pleadings
2. Although the Plaintiff’s assertion B did not have any right to use the land of this case owned by the Plaintiff, the Defendant obtained the approval and permission of this case, and runs the fishing place business on the land of this case.