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(영문) 수원지방법원 2018.01.18 2017구합60698 (2)
목적외사용승인취소처분취소
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 April 20, 2016, the Defendant approved the Plaintiff’s use for non-purpose purposes by adding the following conditions to C-1,845 square meters of a reservoir (limited to a water size: 45,600 square meters; hereinafter “instant reservoir”) with respect to the part of 31,845 square meters (limited to a yellow part in the attached Form drawing) of a reservoir (limited to a water size: 45,600 square meters; hereinafter “instant reservoir”).

(hereinafter referred to as "approval for the use of this case"). Title : Notification for the use of non-purpose

2. The cancellation of approval shall be known to the effect that the water quality management of a reservoir (not less than three times a year) will be cancelled when the reservoir has been performed for the maintenance and management of agricultural infrastructure, the conditions of approval omitted, and the instructions given by the authorities have not been performed; and

Approval of the approval of use for the use other than the purpose of agricultural infrastructure on the following terms and conditions:

1. The purpose of use for purposes other than the original purpose is "fishing".

2. The period of use shall be until December 31, 2020 from the date of approval, and omitted; 9. The dredging shall be made in farmland improvement fraternities every three years for the water quality and the preservation of the environment; and dredging shall be made from time to time if it is deemed necessary to dredge or it is judged to be improper for agricultural water; and

On October 31, 2016, the Defendant revoked the approval for use of the instant disposition (hereinafter referred to as “instant disposition”), and the content of the instant disposition is as follows.

Title: Notification of revocation of Approval for Use for Other Purposes

2. Omission of approval for use of a C reservoir for any purpose other than its original purpose shall be revoked pursuant to the provisions of Article 116 of the Rearrangement of Agricultural and Fishing Villages Act;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The defendant asserts that the disposition of this case is legitimate, in light of the grounds for disposition and relevant statutes.

The plaintiff asserts that the above disposition is unlawful as follows.

A. The instant disposition in violation of Article 23(1) of the Administrative Procedures Act.

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