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(영문) 부산지방법원 2016.01.28 2013구합3338
공유수면 점용.사용 변경불허가처분취소
Text

1. On July 4, 2013, the Defendant’s rejection of the change in the occupation and use of public waters against the Plaintiff shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff operates the Mari Atomic Energy Headquarters (hereinafter “Mari Headquarters”) at the 96-1,000,000 Busan-gun-gun, Busan-gun, and the Mari Headquarters is six nuclear power plant units [the Mariwon 1 to 4 nuclear power plant units (hereinafter “Mariwon 1 through 4”).

(ii) 1 and 2 reported nuclear power plant (hereinafter referred to as “reported nuclear power plant 1 and 2”)

ii)is constructed;

B. The Plaintiff obtained a permit to occupy and use public waters from the Defendant for the purpose of using sea water for cooling (water, cooling water, drain water, etc., is achieved through the Ulsan-gun, a neighboring area) in the course of running and operating a set of 1 machinery (commercial driving from April 29, 1978) and 2 apparatus (commercial driving from July 25, 1983) at the high source, and finally extended the period of permission from the Defendant on May 28, 2010 (the period of permission: the period of permission from April 22, 1985 to March 21, 1990) with respect to public waters in the head of Busan-gun, Busan-gun, Busan-gun, for the purpose of using it (the period of permission from July 1, 2010 to June 30, 201).

C. On May 22, 2013, which was around the expiration of the above extension period, the Plaintiff filed an application with the Defendant for permission to change the occupancy or use of public waters with the same area, purpose, etc. of public waters for occupancy or use, which are the permitted matters of permission, on the premise that he/she obtained the consent of fishermen located in the captain-gun for occupancy or use of public waters, on the premise that he/she obtained the consent from the Defendant on May 22, 2013, which is necessary for the occupancy or use permission of public waters. However, the Defendant filed an application for permission to change the occupancy or use of public waters from July 1, 2013 to June 30, 2043.

) Determination that a right holder’s consent under Article 7 was not provided (whether the current administrative litigation district court 2012Guhap5191 was in line with the validity of the right holder’s consent, etc.) meets the requirements for the consent of the right holder.

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