1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. The Plaintiff was a fishery partnership corporation established on February 22, 2006, and operated an Kim processing plant in the Seoul-gun, New-gun.

B. On July 27, 2015, the Plaintiff filed an application with the Defendant for approval for use of the agricultural infrastructure or water for any purpose other than the purpose of using the agricultural infrastructure or water for a reservoir (registration number of agricultural infrastructure: E) located in Newananan-gun, Newanan-gun, with the volume of 500 tons per day and the period of use from October 20, 2015 to be used for the Plaintiff’s use for his/her fishery use for

C. On August 24, 2015, the Defendant notified the Plaintiff that “D reservoir was constructed as agricultural production infrastructure for securing and supplying agricultural water, and as the beneficiary area was calculated as 23 p.m., the possibility of drought damage exists at all times since the possibility of drought damage exists, and it does not interfere with its original purpose pursuant to Article 23 of the Rearrangement of Agricultural and Fishing Villages Act, and thus, it is not possible to approve the application for use for any purpose other than the original purpose” (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 9, 27, Eul evidence No. 4 (including additional number), the purport of the whole pleadings

2. The plaintiff's assertion and relevant Acts and subordinate statutes;

A. The Plaintiff’s assertion of this case should be revoked as a deviation or abuse of discretionary power in the following respect:

1) From June 1986, before the establishment of the Plaintiff, F, the representative director of the Plaintiff, was operating the Kim Processing Factory, and used in washing and washing Kim by naturally generating water naturally produced from G’s valley (H). The Defendant made D reservoir by blocking G grain around 1995, and entered into an agreement with residents on the permission of resident food or water for living, permission for using Kim plant, and cement packaging for a long-term reservoir (hereinafter “instant agreement”).

Since B, the above agreement included the F's intention to recognize the right to use water for the operation of the Kim Factory.