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(영문) 대구지방법원 2013.05.31 2012구합3684
항만시설사용허가신청불허가처분취소등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On June 27, 2006, an incorporated association B (including approximately 700 members; hereinafter “B”) was divided into the Nam-gu I (hereinafter “instant site”) in the Nam-gu, Nam-gu, 2008, in order to promote the economic rehabilitation of local fishing villages, and to improve the quality of life of fishermen, the members of the B federation were divided into part of 32,896 square meters of the D miscellaneous land owned by the State located within the harbor area of the Plaintiff, a member of the Plaintiff, on December 30, 2008, which is part of 32,501 square meters of the D miscellaneous land located within the harbor area of the State located within the harbor area of the C.

On the ground, an application was filed for the cancellation (F) and designation (G) of the fishery harbor district to build the E-building of reinforced concrete building 3 floors (hereinafter “instant building”).

B. On May 16, 2007, the Defendant Port Mayor filed an application with the Minister of Oceans and Fisheries for the designation of the fishery harbor district of this case, and the Minister of Oceans and Fisheries approved the designation of the fishery harbor district of this case on June 29, 2007, and the Defendant Port Mayor designated and announced the designation of the fishery harbor district of this case as H with the notification of the fishery harbor district of this case on August 9, 2007.

C. On November 7, 2008, the Plaintiff obtained permission from the head of the Nam-gu, the head of the Defendant for new construction of the instant building (the imposition of a sewerage charge of KRW 166,838,400). On March 16, 2009, the Plaintiff obtained permission for the use of harbor facilities (the period from March 16, 2009 to March 15, 2010) regarding the instant building site from the Defendant Port Market to construct the instant building.

After all, the Plaintiff applied for a construction permit again after the withdrawal of the initial application for a construction permit in order to obtain a reduction due to a change in the method of calculating the amount borne by the burden of sewage, and again withdrawn the application again on October 14, 2009, on August 19, 2009. However, the Plaintiff was found to have been laid underground by a public sewage manager in the instant site, and then withdrawn the application for the construction permit again on October 14, 2009.

Conditions of License

2. In any of the following cases, the permission for use of a harbor facility may be revoked or suspended:

When the purpose of use is in violation of the purpose of establishment of port facilities

7. Noise.

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