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(영문) 의정부지방법원 2014.06.17 2013구합2414

공용수면 점용,사용 불허가처분 등 취소

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1. Of the instant lawsuit, occupation and use of public waters by the Defendant’s grass-free spring water corporation on March 5, 2013.

Reasons

1. Facts of recognition;

A. The representative director of the Plaintiff company completed the registration of ownership transfer on October 27, 2004 with respect to H land and building at H 1,615 square meters of H land and building on the land at Seocheon-si. After that, the registration of ownership transfer was completed on January 7, 2015 with respect to the above land and building on the land, and the registration of ownership transfer was completed on December 16, 2005 under the Plaintiff’s name was completed on December 16, 2005. 2) H land at Seocheon-si is connected with C river 39,567 square meters owned by the Republic of Korea. The land at Seocheon-si was divided into C30,679 square meters of river, D 3,172 square meters of river, F 4,391 square meters of river, 391 square meters of river, and 1,325 square meters of river, respectively.

(hereinafter referred to as "I" shall be omitted from the part "Macheon City" and only the parcel number shall be indicated when referring to each of the above lands.

(1) The Defendant: (a) granted to Nonparty J occupancy and use the occupation and use period of 10,306 square meters of the land in C before subdivision from July 16, 1994 to December 31, 2001; (b) thereafter, the Defendant: (c) on January 1, 2009, set the occupancy and use period of 1,417 square meters adjacent to the east of F’s land out of C divided into the Plaintiff’s representative G on January 1, 2009 as the occupation and use period of 1,417 square meters adjacent to the east of F’s land from January 1, 2009 to December 31, 2013.

3) Around August 2012, the Defendant is a comprehensive construction on dialogue between Nonparty Co., Ltd. (hereinafter “comprehensive construction on dialogue”).

(C) On February 26, 2013, the Plaintiff submitted to the Defendant an application for extension of the occupancy permit period from August 2012 to February 28, 2013, with respect to the portion of 2,170 square meters adjoining the part of the land for which G was granted the occupancy permit. Comprehensive construction on dialogue submitted an application for extension of the occupancy permit period to the Defendant on February 15, 2013, and subsequently withdrawn an application for extension on March 25, 2013.