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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
H
1. F GI of the disposition;
A. The Plaintiff operated the E-ship yard (hereinafter “instant shipbuilding yard”) in Chungcheongnam-gun, Chungcheongnam-gun (D), and since 1995, obtained permission from the Defendant to occupy and use the same D (hereinafter “instant public waters”) for the purpose of towing a vessel with respect to the size of 720 square meters, and installed and used the sea area of the drawing on the right side, the width of which is 10 meters, and the length of which is 72 meters.
B. Upon the expiration of the period of permission to occupy and use public waters on June 28, 201, the Plaintiff applied for permission to change the occupancy and use of public waters to the Defendant on July 13, 201, but the Defendant rejected the application on November 7, 2013 on the ground that the “written consent of the right holder” under Article 7(1)4 of the Enforcement Rule of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”).
C. From December 19, 2013 to February 25, 2014, the Defendant ordered the Plaintiff to remove the instant teas, etc. and reinstate the instant public waters on the ground that “the Plaintiff’s period of permission to occupy and use public waters has expired” once every four times from December 19, 2013 to February 25, 2014, but the Plaintiff did not comply therewith.
On September 26, 2014, the Defendant rendered a disposition to compel the Plaintiff to restore the public waters of this case to the original state or to authorize a third party to execute the restoration of the public waters of this case, and to collect expenses from the Plaintiff, pursuant to Article 21(1) and (2) of the Public Waters Act and Articles 2 and 3(1) of the former Administrative Vicarious Execution Act (Amended by Act No. 13295, May 18, 2015; hereinafter the same shall apply).
(hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and 5 (including each number; hereinafter the same shall apply), Eul evidence Nos. 3, 4, 7 through 10, and 14, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion of this case.