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(영문) 서울고등법원 2015.10.15 2015누38650

하천점용허가취소처분 취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant’s permission to occupy and use a river 1) around 1986, owned by the Plaintiff’s mother to E, the Republic of Korea, the river area of the Dosancheon river, ① 1,013 square meters in Gwangju City, ② 1,170 square meters in C river, ③ 2,421 square meters in D river 96 square meters (hereinafter “instant river site”).

A) Permission for occupation and use of rivers was granted to the Plaintiff, along with E, to leave the farm house in the instant river site. 2) The Defendant on January 6, 2005 to E on the river site in question. 2005

1. From June 2, 2009 to December 31, 2009, permission for occupation and use of rivers was re-scheduled, and the period of occupation and use of the instant river site to E on February 2, 2010

1. From January 2 to December 31, 201, permission for occupation and use of rivers was re-scheduled.

3) As E dies on January 201, 201, the Defendant: (a) obtained permission to occupy and use the instant river site from January 1, 2012 to December 31, 2016 to the Plaintiff pursuant to Article 33(1) of the River Act on December 28, 2011 (hereinafter “instant permission to occupy and use the river site”).

At the time, the following additional clauses were attached (the Gyeonggi-do Governor delegated the authority to grant permission for occupation and use of rivers and to revoke such permission in accordance with Article 104(2) of the Local Autonomy Act and Article 9(2) of the Gyeonggi-do Ordinance on Delegation of Administrative Affairs, and the Gwangju-si Mayor re-designated the authority to the Defendant pursuant to Article 104(1) of the Local Autonomy Act and Article 2 of the Ordinance on Delegation of Administrative

(c) Conditions of permission;

6. It may modify or cancel the license as provided for in the public interest legislation.

8. If the State or a local government plans or implements a public project, it may cancel the occupancy permit if necessary for the purpose of the occupancy and use of the river in question.

◆ 「하천법」 제8조(하천관리청) ② 지방하천은 그 관할 구역의 시ㆍ도지사가 관리한다.

(1) Any of the following subparagraphs shall be applicable within a river area: