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(영문) 춘천지방법원 2018.05.29 2017구합51127
공유수면 점ㆍ사용허가처분 취소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a clan owned with 193,190 square meters of E forest land in Chuncheon (hereinafter “E forest”).

B With respect to F & 538 square meters (hereinafter referred to as “F land”) on December 16, 2009, as to F & 538 square meters (hereinafter referred to as “F land”), each registration of transfer of ownership is completed on March 21, 2013 with respect to the said G field 658 square meters (hereinafter referred to as “G land”).

B. The Defendant, the management agency of public waters under the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”), was the owner of the Republic of Korea, who is the owner of the instant ditch, obtained the following permission to occupy and use the part regarding the occupation and use of the instant ditch.

(A) The term “Permission” is “Permission from October 12, 201,” and the term “Permission from March 15, 2016,” which was granted to B on March 15, 2016. The term “Permission from March 15, 2016.” The term “Permission Date” is not for the purpose of occupying and using the place for the occupation and use period of a person subject to the Permission (Public Notice Date) and on October 12, 201, H on October 12, 201, from October 12, 2011 to December 31, 2015, the term “140 square meters of the instant portion of Permission for Occupation and Use” (Gain land) and “farmland” is the owner of G land.

On March 28, 2013, "B" succeeded to B's permission to purchase adjacent G land in accordance with Article 16 of the Public Waters Act.

On March 15, 2016, B from January 1, 2016 to December 31, 2020, permission is granted for the extension of the period under Article 8 of the Public Waters Act.

C. D, upon the death of January 20, 2017, inherited one half of the above F and G land, D filed an application for succession to the permission of March 15, 2016 with the Defendant on May 31, 2017.

On June 1, 2017, the Defendant sent to D, pursuant to Article 16 of the Public Waters Act, a notice that the rights and obligations of the permission on March 15, 2016 were succeeded to D, the Defendant sent the place “the part of the permission on occupation and use of public waters” to “the part of the permission on occupation and use of public waters”, “mail party and farmland” to “the last party and farmland” to “the period from January 1, 2016 to December 31, 2020” to “the permission on occupation and use of public waters.”

【Unsatisfied facts, Gap 1, 2, and 3 (which include branch numbers; hereinafter the same shall apply), Eul.

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