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(영문) 서울고등법원 2015.03.26 2014누56729
공용수면 점용,사용 불허가처분 등 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

In the first instance court, the Plaintiff sought revocation of the Defendant’s permission of occupation and use of public waters as of June 26, 2013 and the Defendant’s permission of occupation and use of public waters as of July 3, 2013 against the Defendant’s Plaintiff. The court of first instance dismissed the Defendant’s claim for revocation of the permission of occupation and use of public waters as of March 5, 2013 against the Defendant’s Plaintiff on June 26, 2013. The court of first instance dismissed the Defendant’s claim for revocation of the permission of occupation and use of public waters as of March 5, 2013 against the Defendant’s company of Hepary spring water as of March 5, 2013.

However, since only the plaintiff appealed against the losing part, this Court only determines the defendant's claim for cancellation of the F land portion among the non-permission of occupation and use as of June 26, 2013 against the plaintiff and the defendant's claim for cancellation of the permission of occupation and use as of March 5, 2013 against the defendant's grass-free spring company.

The court's explanation of this case by the court of the first instance as to this case is identical to the corresponding part of the first instance judgment except for a modification of the part of "the judgment on the non-permission disposition of this case of 3." as follows. Thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since it is identical to the corresponding part of the first instance judgment.

The first 13 parallel " January 7, 2015" shall be deemed " January 7, 2005".

The 3rd 15th "in the land" shall be added to "the land which includes part of the site for occupancy and use of the large comprehensive construction."

Around March 5, 2013, the fourth four parallels “Seoul” shall be cut off to “ March 6, 2013,” and the six parallels “nicking spring water” shall be added to “ April 12, 2013,” and “including “3,232 square meters” in the same seven parallels “.”

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