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(영문) 인천지방법원 2018.07.06 2018구합50783
공유수면 점용사용허가 신청 반려처분 취소 청구
Text

1. Of the instant lawsuits, the part concerning the claim for revocation of the disposition of vicarious administrative execution as of October 30, 2017 shall be dismissed.

2. The plaintiff.

Reasons

Details of the disposition

B On May 2, 2007, the representative of C, which is a religious organization of the Republic of Korea B, obtained permission to occupy and use public waters with the period of validity from May 2, 2007 to May 1, 2012, for the purpose of creating a parking lot for 297 square meters (hereinafter “instant public waters”), among 1,190 square meters of Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant public waters”), and buried the land for parking lots.

Since then, C had operated temples and religious charnel facilities (hereinafter “instant charnel facilities”) within the land (495 square meters in a site area) and buildings (98.15 square meters in a building area, 196.3 square meters in a total floor area) located adjacent to the public waters of this case, and used the public waters of this case as a parking lot site.

On August 23, 2012, the defendant notified B of the expiration of the period of permission to occupy and use the public waters of this case.

B filed an application for the occupancy or use permit of the public waters of this case, along with relevant documents on August 28, 2012. However, the Defendant issued a supplementary notice that “the consent of neighboring local residents, the relevant documents confirming the current status of the application site, and the drainage plan and repair account statement for disaster prevention,” and notified that he/she would return the application for the occupancy or use permit of public waters to B on October 15, 2012 as the supplementary documents were not implemented, and issued an order to reinstate the public waters of this case by November 30, 2012.

C and B filed a lawsuit against the return of the application for permission to occupy and use the public waters, the disposition of imposition of indemnity, and the disposition of cancellation of the order to reinstate the public waters as the Incheon District Court 2012Guhap5736, and the Plaintiff participated in the said lawsuit. However, the Plaintiff was dismissed and dismissed on February 20, 2014, and the Plaintiff and B appealed as Seoul High Court 2014Nu3046, but the Plaintiff appealed as the Seoul High Court 2014Nu3046 on November 19, 2014. The Plaintiff’s application for intervention and lawsuit

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