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(영문) 서울행정법원 2019.04.04 2018구합5994
물관리과-14264 원상복구관련 재통보 취소 등
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. The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government 7,094㎡ (hereinafter “instant land”) (No. 1-2), and the instant land is part of an urban park.

(A) Evidence No. 5, B No. 12.b.

On May 2, 2018, the Plaintiff received a report on the development and utilization of groundwater to the effect that “to acquire groundwater to be used for drinking purposes in the instant land by up to 28 square meters per day using a discharge pipe with an inner diameter of 20 meters from the inner diameter of the groundwater to be used for drinking purposes” (No. 1) and the Defendant issued a certificate of report on the development and utilization of groundwater to the Plaintiff on May 3, 2018 pursuant to Article 8 of the Groundwater Act and Article 13 of the Enforcement Decree of the same Act.

(A) Evidence of No. 3, B of No. 2, (c)

The Plaintiff started to install facilities for the development and utilization of groundwater on the instant land.

(A) Evidence No. 2, B, and 5)

On May 14, 2018, the Defendant notified the Plaintiff of the purport that “In order to develop groundwater in the instant land, he/she shall obtain permission to occupy and use an urban park pursuant to Article 24 of the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Urban Park Act”). Unless otherwise, the Defendant shall restore the groundwater to its original state pursuant to Article 15(3) of the Groundwater Act and Article 24 of the Enforcement Decree of the same Act.”

(No. 4) e.

On May 29, 2018, the Defendant ordered the Plaintiff to suspend development activities on the ground that “the instant land is a park, forest, and forest, so it is impossible to cultivate crops. Permission to occupy and use groundwater to be used for agricultural purposes is not possible.” The Defendant issued an order to suspend development activities on the ground that “the instant land is a park, forest

(No. 7). (f) On June 2018, the Defendant completed the installation of facilities for the development and utilization of groundwater on the land of this case, which was first patroler.

(g) On August 16, 2018, the Defendant re- installed a facility for the development and utilization of groundwater without obtaining permission for occupation and use, on the ground that the foregoing facility was re-built to the Plaintiff on August 16, 2018.

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