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(영문) 수원지방법원 2011.02.15 2010구합10427
하천점용허가취소처분취소
Text

1. On March 23, 2010, the revocation of permission for occupation and use of each river granted by the Defendant to the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs are those who are engaged in organic agriculture with each occupation permit (hereinafter “each occupation permit of this case”) obtained from the Defendant during each occupation period indicated in the separate sheet from the Defendant (hereinafter “each occupation permit of this case”).

B. On March 23, 2010, prior to the expiration of the period of each of the above occupation and use, the Defendant issued each of the dispositions of this case to revoke each of the above occupation and use permission for each of the above areas belonging to the project sections of this case under Article 70(1) of the River Act (hereinafter “instant provision”).

[Reasons for Recognition] Class A 1 through 3, 5, 6 (including each number), and Category B 2

2. Whether each of the dispositions of this case is legitimate

A. (1) The plaintiffs' assertion (1) among the project sections of this case announced by the Minister of Land, Transport and Maritime Affairs on April 2009 (hereinafter "the basic plan of this case") and the project sections of this case publicly notified by the head of the Seoul Regional Construction and Management in accordance with the plan, the implementation plan of the Han River and the Han River that belongs to each location of this case (hereinafter "the construction of this case") is unlawful in violation of the procedures prescribed in the National Finance Act, the River Act, and the Environmental Impact Act, and it is also unlawful in terms of the contents of each plan as it is irrelevant to or inappropriate for the prevention of flood damage, resolution of water shortage, restoration of river ecosystem through the improvement of water quality, balanced regional development and regional economic revitalization.

Therefore, as long as each of the above plans is illegal, each of the dispositions of this case, which is premised on it, is illegal.

(2) Each disposition of this case shall be made by the plaintiffs until the termination date of each permission for occupation and use of this case.

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