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(영문) 대전지방법원 2017.09.21 2016구합104356

점유수면점사용허가 등의 취소처분 취소청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 27, 1987, the Korea Medium-Large Power Co., Ltd. (hereinafter “Korea Medium-Large Power Development”) was granted a reclamation license for public waters on April 29, 2001 with the construction period extended by September 30, 201, with the authorization of the implementation plan for reclamation works of public waters on April 27, 1987 and with the authorization of the alteration of the implementation plan for reclamation works of each public waters on December 9, 201 (hereinafter “instant public waters”).

B. On April 24, 2012, the head of the Seocheon Power Station with respect to the Seocheon Power Plants shall be the installation of loading and unloading facilities for recycling of buried coal and coal materials for the purpose of using 1,032 square meters in the second processing plant of the Seocheon Power Plant No. 2, Seocheon Power Plant No. 2032 square meters from the Do governor of Chungcheongnam-do, and the period of use used shall be from April 25, 2012 to January 30, 2014, and the permission for use was granted prior to the completion inspection on reclamation of public waters.

(hereinafter referred to as "permission for the use of main and main development of Korea").

On September 14, 2012, the Plaintiff entered into a contract for the transportation service of the Saemangeum Coal Disaster with the Republic of Korea (hereinafter “instant transportation service contract”) and was extended on September 14, 2012 from the Defendant to September 13, 2016 in order to implement the said contract, the Plaintiff obtained the occupancy and use permit of public waters from the Defendant for the installation of temporary shipment facilities for the shipment of by-products from the development of the west-gun power generation, from September 14, 2012 to September 13, 2014 for the purpose of the occupancy and use, and thereafter was extended on August 19, 2014 to September 13, 2016.

(hereinafter “instant permission”). D.

B. On February 28, 2014, on the ground that the conditions of permission have not been fulfilled despite the expiration of the period of use of the permission for the use of the power plant for the development of the Republic of Korea, the Cheong-nam Do Governor is a loading and unloading facility until March 20, 2014.