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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 18, 2017, the Plaintiff filed a report on the construction of a temporary building (container) of the total floor area of 18 square meters in total (hereinafter “instant temporary building”) with the Defendant on the ground of 3,081 square meters (hereinafter “the instant report site”) in Jeonbuk-gun, Jeonbuk-gun, the Plaintiff owned by the Plaintiff (hereinafter “instant report”).
B. On January 8, 2018, the Defendant rendered a provisional disposition not to report the construction of a temporary building (hereinafter “instant disposition”) to the Plaintiff on the ground that “In the case of a temporary building under application to B with a thickness, it does not constitute a building or structure that can be permitted within a water source protection area, as it does not fall under a building or structure that can be permitted within a water source protection area,” pursuant to Article 13 of the Enforcement Decree of the Water Supply and Waterworks Installation Act
C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Jeollabuk-do Administrative Appeals Commission, but the said commission rendered a ruling dismissing the Plaintiff’s claim on June 1, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (1) The instant temporary building is a temporary storage to store farming machinery and tools and to return work uniforms, but it is not a facility that does not go against the purpose of designating a water source protection area because it does not require water supply facilities, and constitutes a building that can be permitted as a storage of machinery and equipment under Article 13(1) of the Enforcement Decree of the Water Supply and Waterworks Installation Act, and Article 12 subparag. 3(f) of the Water-source Management Rules. (2) The term “building” under Article 7(4) subparag. 1 of the Water Supply and Waterworks Installation Act refers to a building subject to a building permit or a building report under Article 11(1) and 14(1) of the Building Act. The temporary building is not
Nevertheless, the Water Supply and Waterworks Installation Act, which is subordinate law to the Water Supply and Waterworks Installation Act.