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(영문) 대전고등법원 2014.02.13 2012누3246
공유수면 접.사용허가처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. (1) The Plaintiff is operating an electric generation business with power generation facilities and ancillary facilities, including wharfs, at 831, the west-gun, west-gun, west-gun, Chungcheongnam-do.

(2) On December 16, 2010, the Intervenor obtained permission for conversion of mountainous district from the Defendant to 3, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (which was divided into 11-1, 2, and 3 of this paragraph) from the Defendant, and filed a report on the use of animal and plant management facilities in the same Ri 11-2 on March 7, 201, and then newly built a land sea water plantation to form new fish.

(hereinafter referred to as the “instant aquaculture”) B.

The Defendant permitted the occupation and use of public waters on March 29, 201 pursuant to Article 8(1) of the former Public Waters Management and Reclamation Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter “the Public Waters Act”), the Intervenor permitted the occupation and use of public waters 10-2 (hereinafter “instant public waters”) with the following contents as to the public waters (hereinafter “instant disposition”), and on March 30, 201 pursuant to Article 8(6) of the Public Waters Act:

(hereinafter “instant public notice”). Permission number: Fishery 201-07-02 for the purpose of occupancy and use of fishery 201-02: The permitted place for the occupancy and use of a fish plantation in the land: The permitted area for the permitted area of 10-2 (ship) in Taean-gun, Seoan-gun, Seoan-gun, Seoul: the permitted area: the permitted area of 336 square meters: March 29, 2011 to March 28, 2014.

On July 14, 2011, the Plaintiff filed a petition for revocation of the instant disposition with the administrative appeals commission of Chungcheongnam-do, Chungcheongnam-do, Seoul, the administrative appeals commission of Chungcheongnam-do, was dismissed on the ground that the period for filing a petition was over October 6, 201 and the standing to file a petition is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. According to Article 12 of the Public Waters Act, the management agency of public waters is against Article 12 of the Public Waters Act.

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