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(영문) 창원지방법원 2018.08.22 2017구합52038
지하수개발이용신고수리처분의취소거부처분의취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff’s status 1) The Plaintiff is a bath (trade name: C; hereinafter “C”) located in Gyeongsung-gun B.

(2) On December 18, 2014, the Plaintiff leased C to D on January 5, 2017, and performed bathing business after D filed a public bath business report on December 31, 2014.

B. E’s status 1) E is a bath (trade name: G; hereinafter “G”) located in the F of Gyeongsung-gun, Chungcheongnam-nam, around October 6, 2014.

(2) Around January 2015, H acquired land and buildings and operated a bath by leasing G on and around January 2015. (2) The G bath was supplied with water necessary for bathing business through water supply. The groundwater was developed to resolve an excessive charge problem upon H’s demand. On May 27, 2015, the Defendant submitted a report on the completion of the development and utilization of groundwater with a power equipment with a capacity of 2HP and 98.59 square meters for G business, and the Defendant confirmed the completion of the construction on May 28, 2015.

C. The Plaintiff filed a criminal complaint against E and the non-prosecution disposition by the investigative agency) The Plaintiff filed a criminal complaint against E with the head of the original District Prosecutors’ Office for the following reasons (No. 16676, No. 20616, No. 20616, Nov. 19, 2014). E can develop and utilize only groundwater of not more than 100 tons per day as a person who reported the development and utilization of groundwater, and even if so, he/she obtained permission to do so, he/she did not use groundwater from November 19, 2014 to February 22, 2015 without such procedures.

B) On June 21, 2016, E developed and utilized groundwater without permission by voluntarily replacing the 5HP pumping pumps that can be acquired more than 100 tons per day from June 21, 2016, E is limited to groundwater of less than 100 tons per day from July 6, 2016 to October 27, 2016.

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