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(영문) 수원지방법원평택지원 2019.01.10 2018가합147
손해배상(국)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2013, the Plaintiff had been operating a fishing place after obtaining permission for a fishing place business (D) in accordance with Article 10 of the Fishing Management and Promotion Act for three years from April 15, 2013 to December 31, 2015, with respect to the entire area of the reservoir C (hereinafter “instant reservoir”) located in Ansan City B (hereinafter “instant reservoir”).

B. On the other hand, as of December 29, 2015, all repair fraternity members attended on December 29, 2015 and resolved to abolish the water surface lease of the instant reservoir.

C. As of January 6, 2016, with regard to the Plaintiff’s application for extension of the period of use of the instant reservoir for the purpose other than the purpose of the reservoir, the Ansan Mayor rendered a provisional notification for extension of the period of use approval for agricultural production infrastructure (hereinafter “instant non-provisional notification”) on the ground that the residents using the instant reservoir caused inconvenience, such as disruptions in the supply of agricultural water, etc. from the residents using the instant reservoir and interfere with its original purpose or use, thereby hindering the original purpose or use.

The Plaintiff filed an administrative appeal against the instant non-disclosure disposition; however, on June 8, 2016, the Gyeonggi-do Administrative Appeals Commission rendered a ruling of dismissal of request; and on this matter, the Plaintiff filed a lawsuit seeking revocation of the instant non-disclosure disposition by Suwon District Court 2016Guhap1609, which was declared against the Plaintiff on April 4, 2017, but the said court rendered a judgment against the Plaintiff, and all of the Plaintiff’s appeals and appeals were dismissed and finalized.

(Seoul High Court Decision 2017Nu4468, Supreme Court Decision 2017Du61256). e.

Meanwhile, as of December 16, 2015, the Plaintiff filed an application for permission for fishing place business with the period of permission from January 1, 2016 to December 31, 2018 with the Defendant as of December 31, 2018. Accordingly, the Ansan market had kept the relevant documents under the condition that it would be difficult to approve the use of the water and that it would subsequently supplement the approval for use for the purpose other than the original purpose (water lease agreement).

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