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전주지방법원 2017.06.15 2016구합1841
온천이용허가유효확인
Text

1. Of the instant lawsuit, the Plaintiffs C and D’s ancillary claim and the Plaintiffs’ right to manage the water and sewage of the E zone.

Reasons

1. Basic facts

A. G’s report on hot spring discovery and designation of a hot spring district 1) G discovered a hot spring in the Hoju-Gun H, and on December 13, 1989, G reported the hot spring discovery to the head of the Yju-Gun, who was the hot spring developer, and on January 12, 1991, the head of the Yju-Gun accepted the said hot spring discovery report. 2) on June 30, 1992, the Governor of Jeollabuk-do designated 1,701,69 square meters as the E area (hereinafter “the instant hot spring district”).

B. 1) Plaintiff A (the representative of Plaintiff B) Co., Ltd. (1)

hereinafter referred to as “A”

(1) In order to implement a park project (including a land readjustment project permit, a building permit, a water supply and sewerage management permit, and a hot spring utilization permit) for a hot spring development project in the hot spring district of this case pursuant to Article 22, etc. of the former Natural Parks Act (amended by Act No. 5874 of Feb. 8, 1999), Defendant Y-gun applied for permission to implement a park project for a hot spring development project in the hot spring district of this case on December 29, 198 (including a land readjustment project permit, a building permit, a permit for the management of water supply and sewerage systems, and a permit for the utilization of hot spring water). The permission to implement a park project for a hot spring development project on December 29,

(2) In applying for permission to implement the above park project, Plaintiff A submitted a hot spring supply plan to Defendant Y-head of the Gun, and Defendant Y-head of the Gun ordered on October 24, 1998 to supplement the written consent of the hot spring discovery provider to use the hot spring water supply plan and the written consent of the hot spring discovery provider due to joint supply of hot spring water, and the written consent of the landowner to use the land without consent to use the land.

3) On December 29, 198, Plaintiff A commenced civil engineering works for the rearrangement of land zones in accordance with the permission for the implementation of a park project on December 29, 1998, and completed construction works on October 2001, and a land substitution plan (a request for authorization for alteration was filed, and Defendant A submitted a plan regarding the installation of water supply and drainage pipes, sewage treatment pipes, etc. for the systematic management of the collective facility district in the I Park.