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(영문) 서울고등법원 2017.09.22 2017누46563
공유수면 점용ㆍ사용허가신청 불허가처분 취소청구
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance cited the reasoning of the judgment as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the dismissal or addition of the following among the grounds of the judgment of the court of first instance.

The term "land and buildings" in the 10th place of the second place shall be read as "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 area)".

Part 5 of the first 5-Class " June 15, 2014" shall be " June 19, 2014".

The possession of the 4th page 8, 5th page 12, 13, and 6th page 4 "occupiation" shall be deemed to be "occupiated".

The third place of the 5th place "resh facilities, crematory facilities, etc." shall be raised as "the charnel facilities of this case".

The 6th parallel 14 to 7th parallel 9 shall be as follows.

According to the relevant provisions of the Public Waters Act, if any right holder exists due to permission, etc. to occupy and use public waters, the management agency of public waters shall not grant such permission, etc. in principle (Article 12); if it is deemed necessary to protect the marine environment, ecosystem, fishery resources and natural landscape; to prevent damage to fisheries; or to manage and operate public waters, additional clauses concerning methods of occupancy and use and management, etc. may be attached thereto (Article 8(7)); and if a person who has obtained such occupancy or use permission fails to perform the additional clauses referred to in Article 8(7) without justifiable grounds, etc., he/she may order the person who has obtained such occupancy or use permission to cancel such permission, etc. (Article 11); and where a person whose period of occupancy or use expires, in principle, shall remove the artificial structures, etc. installed on the relevant public waters and reinstate such public waters (Article 21(1)3).

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