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(영문) 춘천지방법원 2020.01.07 2018구합50008
손실보상금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Case history

A. Plaintiff A fishery partnership corporation (hereinafter “Plaintiff corporation”) appears to have been composed of 1,446 square meters in aggregate of 11,446 square meters (hereinafter “instant site”) in Chuncheon-si, Cheongcheon-si, a national river (hereinafter “the instant site”). However, in terms of convenience, it obtained permission to occupy and use the instant site from July 2008, with the permission to occupy and use the said site.

Plaintiff

The details of permission for occupation and use of rivers granted by the Defendant on January 10, 2013 (hereinafter referred to as “instant permission for occupation and use”) are as follows:

The purpose of occupation and use of land: The occupation and use of land - the period of occupation and use of fish spawnings: the first period from July 10, 2008 to December 31, 2012 changed from January 1, 2013 to December 31, 2017: Article 33(1) of the former River Act; Article 37 of the Enforcement Decree of the same Act; the conditions of permission under Article 17 of the Enforcement Decree of the same Act (hereinafter “instant conditions of permission”).

2. When it is necessary to manage a river in violation of Acts and subordinate statutes, necessary dispositions, such as cancellation, change or reinstatement of permission, may be taken.

3. Use (such as planting trees and installation, etc. of structures) for any purpose other than that for which permission is granted shall be prohibited in entirety, not exceeding the area of permission for occupation, not arbitrarily changing the topography, form and quality of land, not restricting residents' passage or impeding their lives, and shall be restored to its original state after the completion of permission;

7. Where a disposition is taken to cancel or alter permission, the removal and restoration shall be made at the expense of the person who has obtained permission, and no compensation shall be claimed for all matters, and the agency which has obtained permission shall not make any compensation.

8. No facility, building, etc. shall be installed, any use other than the purpose of occupation and use shall be prohibited, and permission for use may be revoked if any condition of permission is violated;

B. Plaintiff B’s director, Plaintiff C’s director, and Plaintiff C’s director are the Plaintiff’s corporation’s general secretary, and each of the objects indicated on September 5, 2019, including plastic houses and containers, etc., in the instant site.

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