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(영문) 서울고등법원 2011.11.23 2011누7900
하천점용허가취소처분취소
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The total cost of the lawsuit shall be the supplementary participation.

Reasons

1. Details of the disposition;

A. The Defendant’s permission for occupation and use of rivers and the reservation of the right to withdrawal was obtained from the Defendant each occupation and use permission (hereinafter “each occupation and use permission of this case”) during the respective occupation and use period indicated in the attached Table 2 “the location and the period of occupation and use by each Plaintiff” (hereinafter “each occupation and use permission of this case”).

At the time of granting permission for each of the above cases, the Defendant reserved the right to revoke the above permission for the following reasons: “When it is deemed necessary for a project that can expropriate or use land for public interest, permission may be revoked (Withdrawal)”; and the right to revoke the above permission.

B. On June 8, 2009, four departments, including the Ministry of Land, Transport and Maritime Affairs, the Ministry of Environment, the Ministry of Culture, Sports and Tourism, and the Ministry for Food, Agriculture, Forestry and Fisheries (hereinafter “four parts, including the Ministry of Land, Transport and Maritime Affairs, etc.”) jointly announced the 4 major rivers (hereinafter “four major rivers”) including Han River, the Nakdong River, the Nakdong River, the Geum River, the Geum River, the Seomjin River, and the Seomjin River, to solve water problems by preventing flood and droughts, restoring and utilizing the river ecosystem, and promoting balanced regional development and regional economy, culture and tourism (hereinafter “the instant basic plan”).

The head of the Seoul Regional Construction and Management Administration is promoting the Han River Slaughter Project (hereinafter “instant project”) in accordance with the instant basic plan, and the main contents thereof are ① flood defense, ② water quality improvement, restoration of ecosystems, ④ creation of complex space along with local residents, ⑤ phased maintenance of local rivers, etc.

C. On January 21, 2010, the notice of the implementation plan for the instant project Section 1 (U.S.) of the instant project was issued on January 21, 2010 by the Seoul Regional Land Management Office, which was “the instant project section (U.S.) river works (U.S.) and below the instant project section (U.S.) as indicated in the table as follows.”

An implementation plan was publicly announced.

(1)

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