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(영문) 서울행정법원 2017.07.14 2016구합73139
유선장 사업장 폐쇄 처분 취소
Text

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 April 28, 2007, the Plaintiff reported the business of an excursion ship to the Defendant with the location of the excursion ship wharf 1333 (the excursion ship wharf in Seocho-gu, Seoul) and the business period from April 28, 2007 to December 31, 2016.

B. On March 18, 2011, the Plaintiff failed to repay his/her obligation to the Korea Deposit Insurance Corporation established in an order for payment of loans (Seoul Central District Court 2009j55387 loans) issued on May 26, 2009, and thus, on March 18, 201, the excursion ship wharf facilities owned by the Plaintiff were sold at auction. On March 19, 2012, the successful bidder company, Inc., handed over the above excursion ship wharf facilities on March 19, 201, and the Plaintiff lost its ownership to the above excursion ship wharf facilities.

Accordingly, the plaintiff does not operate the excursion ship business.

C. On December 31, 2010, the permission period for existing occupancy and use of rivers granted by the Defendant expired on December 31, 201, the Plaintiff filed an application for extension of the permission period for occupancy and use of rivers (from January 1, 2012 to December 31, 2012) with the Defendant on December 16, 201.

On April 13, 2012, the Defendant rejected an application for extension of the period of permission to occupy and use the Plaintiff on the ground that “the Plaintiff has no object (melting captain) currently owned by the Plaintiff as a result of a successful bid price change of the excursion ship wharf facilities.”

On June 1, 2016, the Defendant issued a disposition to close the excursion ship business (hereinafter “instant disposition”) pursuant to Article 9(1)2-2 of the Excursion Ship and Ferry Business Act (hereinafter “Excursion Ship Business Act”) to the Plaintiff on the ground that the term of validity of the Plaintiff’s permission expires.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 10 (including each number), the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (i.e., the Plaintiff paid and acquired the excursion ship business license of KRW 3 billion.

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