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(영문) 대전지방법원 2017.09.06 2015구합2385
공유수면점.사용허가변경허가신청반려처분취소등
Text

1. On April 20, 2015, the Defendant’s rejection of the application for permission to change the occupancy or use of public waters against the Plaintiffs, and on April 2015.

Reasons

Details of the disposition

Plaintiff

In around 198, Doyang, Inc., Ltd., established and operated a landing facility and a sand camping site with the permission to occupy and use public waters A (hereinafter “the public waters of this case”) from the Defendant in Taean-gun, Chungcheongnam-gun (hereinafter “instant public waters”).

(hereinafter referred to as “instant facility”). - Location: 3,925 square meters - A branch line in Chungcheongnam-gun, Chungcheongnam-gun: Aggregate interim storage and berthing, temporary loading and unloading facilities for maritime loading and unloading facilities - the period: From March 9, 2011 to March 8, 2015; the person permitted to occupy and use public waters several times at the request of the Plaintiffs; the Defendant obtained permission to change the occupancy and use of public waters on March 9, 201; and the permission to change the occupancy and use of public waters as follows.

On February 5, 2015, the Plaintiffs filed an application with the Defendant for permission to change the occupancy or use of public waters (hereinafter “instant application”) with the term of the said permission from March 9, 2015 to March 8, 2025. On February 6, 2015, the Defendant demanded the Plaintiffs to supplement their consent by March 3, 2015 pursuant to Article 12 of the former Public Waters Management and Reclamation Act (Amended by Act No. 14503, Dec. 27, 2016; hereinafter “Act”), Article 12 of the former Enforcement Decree of the Public Waters Management and Reclamation Act (Amended by Presidential Decree No. 27245, Jun. 21, 2016; hereinafter “Enforcement Decree of the Public Waters Act”).

On February 27, 2015, the Plaintiffs submitted a written supplement to the Defendant that the owner or occupant of land or artificial structures adjacent to the public waters of this case (hereinafter “owner, etc.”) does not constitute a right holder who is likely to suffer damage due to the permission to occupy and use public waters. The Defendant shall supplement the written supplement to the Plaintiffs on March 4, 2015, March 25, 2015, and April 6, 2015.

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