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(영문) 대전고등법원 2016.01.28 2015누11668
농어촌관광휴양단지 사업계획승인신청반려처분취소
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. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The height of the part of the first instance judgment "40 m and 140 m." in the 9th 18 and 19th m. are "40m............................................................................. in the 14th m., “40m.............”

In the first instance court's decision, " without obtaining permission for occupancy or use of public waters or approval of its implementation plan" is " without submitting relevant documents, such as written consent of the right holder necessary for the permission for occupancy or use of public waters or approval of its implementation plan."

Article 20 of the judgment of the court of first instance (B) No. 21 and 22 of the judgment [3] of the court of first instance (hereinafter "the court failed to obtain permission to occupy and use public waters for the installation of facilities for seawater, etc." are as follows: "The court failed to submit relevant documents, such as the written consent of the right holder necessary for the permission to occupy and use public waters for the installation

In the second sentence of the judgment of the first instance court, the "related documents, such as the details of permission for occupancy and use of public waters" shall be read as "the consent of the right holder for occupancy and use of public waters, etc.".

(b)in addition, the following shall be added to Section 11 of Part XII of the first instance judgment:

The part of the bank substitute facilities installed by the plaintiff (the part of the bank roads and the flood embankment facilities is the part of the bank roads and the flood embankment facilities) is creating land by artificially filling the public waters with earth, sand, stones and other things, which may correspond to the "public waters reclamation" under subparagraph 4 of Article 2 of the Public Waters Act, but even in such cases, water from the public waters at the flood embankment facilities.

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