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(영문) 광주지방법원 2011.7.14. 선고 2011구합1511 판결
어선이동대집행계고처분취소
Cases

2011Guhap1511 Fishing vessel is revoked of disposition of revocation of such disposition as a partnership;

Plaintiff (Appointed Party)

A

Defendant

Commissioner of the Regional Maritime Affairs and Port Office

Conclusion of Pleadings

June 23, 2011

Imposition of Judgment

July 14, 2011

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Purport of claim

The fishing vessel listed in the attached Form 2, which the Defendant rendered to the designated parties listed in the attached Table 1 on April 4, 2011, is revoked each disposition to dismiss the execution of the fleet.

Reasons

1. Details of the disposition;

The plaintiff (Appointed) and the designated parties (hereinafter referred to as the "Plaintiffs") are the owners of fishing vessels who are mooring their fishing vessels in the 3rd place adjacent to the 3rd place of the credit reception port at the time of drinking.

○ On November 2007, the first place of credit reception, including the instant oil station, was selected as the place of holding the “NL 2012,” and an exhibition is scheduled to be opened as the subject of “living sea, hidden sea,” for three months from May 12, 2012 to August 12, 2012.

○○ 2012 Organizing Committee is going to hold one year a EXPO, and as a part of it, 'the EXPO' from June 201 to 201 in some areas of the oil stations of this case, 'the EXPO funeral maintenance and landscaping work' is implemented, and the Defendant is a plan to install the pipeline mooring facilities at the oil yard of this case so that government lines necessary for the operation of the EXPO can be moored and service vessels, etc., and to dredge polluted oils under the sea.

○ Accordingly, from February 2009, the Defendant promoted the relocation of the fishing vessels located at the instant oil farm with the Organizing Committee of the SPS 2012 and the SPS. However, as the Plaintiffs demanded compensation for the closure of their fishing vessels and refused to move, the Defendant issued an order to voluntarily move the fishing vessels to the Plaintiffs by March 31, 201 in accordance with Article 9(1) of the Public Order in Open Ports Act, on March 21, 201, pursuant to Article 9(1) of the Public Order in Open Ports Act.

However, in order for the plaintiffs to not carry out the transfer of their fishing vessels according to the above order of movement, the defendant, on April 4, 201, in accordance with Articles 2 and 3 of the Administrative Vicarious Execution Act, the fishing vessels were subject to the order of the transfer of vessels (hereinafter referred to as the "disposition of this case").

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the lawsuit in this case is lawful

In light of the overall purport of the arguments in the evidence Nos. 2 and 3, the fact that the plaintiffs already transferred their own fishing vessels subject to the disposition of this case to Sejongdong Park Hadong-dong Park, and the same applies to the case where the execution of the vicarious execution of this case is completed due to the transfer of the plaintiffs' fishing vessels, and thus, there is no legal interest to seek cancellation of the disposition of this case. Thus, there is no legal interest to seek cancellation of the disposition of this case, in full view of the purport of the entire arguments in the statement Nos. 93Nu6164, Jun. 8, 1993.

3. Conclusion

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss all of them as per Disposition.

Judges

The presiding judge, judge and police officer;

Judges Mobileho

Judges Park Jae-young

Attached Form

A person shall be appointed.

A person shall be appointed.

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