1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On October 2013, the Plaintiff obtained approval from the Defendant for the use of a fishing business for the purpose other than agricultural infrastructure (the period of approval for use: from January 1, 2014 to December 31, 2017; hereinafter referred to as “approval for the use of the instant reservoir”), and operated a fishing place under the name of “C fishing place” with the permission of a fishing place from the head of Yeongdeungpo-si, the head of the Gu, the jurisdiction of the Republic of Korea, around February 2018, with respect to the instant reservoir.

Since then, the use approval period of the instant case was extended by December 31, 2020.

On December 24, 2019, the Defendant notified the Plaintiff of the scheduled cancellation of the approval for use of the instant reservoir pursuant to Article 36 of the State Property Act and Article 116(1)1 of the Rearrangement of Agricultural and Fishing Villages Act on the ground that the Plaintiff had another person use and benefit from the instant reservoir subject to approval for use.

On January 8, 2020, the Plaintiff appeared in the hearing procedure, and expressed his opinion that “Although the instant reservoir has been leased to another person for the purpose of using the fishing place without permission, the said sub-lease is inevitable due to the Plaintiff’s difficulty in managing the administrative property after leaving a wooden bridge away from the tree around November 2013.”

On January 14, 2020, the Defendant notified the Plaintiff that the approval of the instant use was revoked (hereinafter “instant disposition”).

The reservoir of this case is currently owned by the Kampo-si, and is public property.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, and the plaintiff's procedural defect in the whole purport of the pleading, the defendant's procedural defect is limited to "the permission of use of agricultural infrastructure pursuant to Article 36 of the State Property Act and Article 116 of the Rearrangement of Agricultural and Fishing Villages Act" in the notice of disposition of this case.