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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is operating water-related leisure-related business with the trade name of C from the 2nd floor on the ground established in Ulsan-gu B (hereinafter “instant site”), the building area of 144 square meters, and the temporary building of 288 square meters in total floor area (hereinafter “instant temporary building”).
B. The Plaintiff filed a report on the construction of the above temporary building with the Defendant in November 2007, and the Defendant issued a report completion certificate to the Plaintiff on November 26, 2007.
After that, regarding the Plaintiff’s report on extension of the retention period of the instant temporary building on several occasions, the Defendant accepted each extension report on October 21, 2009, October 25, 201, and October 11, 201. The retention period of the said temporary building was extended until February 29, 2012.
C. On May 10, 2016, the Defendant issued a warning order demanding voluntary removal on the ground that the instant temporary building was an illegal building in violation of Article 45 of the Fishing Villages and Fishery Harbors Act.
[Ground for recognition] Unsatisfy, Gap evidence No. 4 (including a tentative number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff transferred the above business rights and duties from D and his successor E, who obtained permission to implement the fishery harbor facility business on November 1, 2007, and was issued a certificate of report on the construction of the above temporary building on that ground and received a certificate of report on the construction from the defendant.
According to the above business permission, the Plaintiff should newly construct a pleasure line in accordance with the business contents of the instant site. However, since the Defendant, the competent authority, limited the construction of the said site, the Plaintiff could not newly build a pleasure line, the Plaintiff is running a water-related leisure business in the instant temporary building upon obtaining extension of the deadline for filing a commencement report and extension of the retention period of a temporary building from the U.S. Regional Maritime Affairs and Fisheries Office and the Defendant, respectively.
In other words, the plaintiff did not come up to the commencement of the excursion ship rooms.