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(영문) 부산지방법원 2018.09.20 2018구합20765
공유수면매립면허 효력회복신청 반려처분취소
Text

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. On May 29, 2014, the Plaintiff acquired a license for reclamation of public waters (license E; hereinafter “instant reclamation license”) from C Co., Ltd. pursuant to Articles 28(1), 35, and 36 of the Public Waters and Reclamation Act (hereinafter “Public Waters Act”).

B. The FF fishing village fraternity, the first acquisitor of the instant reclamation license, obtained authorization of the implementation plan on January 20, 2006 and obtained several approvals for the implementation plan on reclamation of the water. The reclamation period of the instant reclamation work set out in the implementation plan on reclamation of the water was from March 1, 2006 to April 3, 2017.

C. On September 6, 2017, the Defendant notified the Plaintiff that the effect of the instant reclamation license was lost as of April 3, 2017 pursuant to Article 53(1)3 of the Public Waters Act on the ground that the reclamation license was not completed within the said construction period as set forth in the implementation plan for reclamation of public waters.

Accordingly, on November 30, 2017, the Plaintiff applied for the recovery of the effect of the instant reclamation license pursuant to Article 53(4) of the Public Waters Act and Article 63 of the Enforcement Decree of the Public Waters Act on the ground that the Plaintiff invested KRW 8,706,503,617 among the total business expenses of KRW 27.5 billion to the Defendant, thereby achieving 31.7% fairness (as of April 3, 2017), but the Defendant returned the said application on December 20, 2017.

(hereinafter referred to as “instant return disposition”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The progress ratio of reclamation works in the instant case’s assertion refers to the ratio of the total project cost incurred in the reclamation project to the total project cost. The Plaintiff is based on April 3, 2017, which is the date of invalidation of the instant reclamation license.

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