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(영문) 부산고등법원 2018.01.26 2017누23421
농업생산기반시설 폐지승인신청 거부처분 취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is to be stated by the court of first instance as the "court of the court of first instance," and the following is added under the 5th 9th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth

2. Additional or modified parts

A. The additional part argues that "the plaintiff is the manager of the reservoir of this case and the defendant should approve the disuse of agricultural infrastructure of the reservoir of this case under the premise that he is the approval authority for the disuse of agricultural infrastructure of the reservoir of this case. However, the plaintiffs cannot be deemed as the manager of the reservoir of this case or the defendant as the approval authority for the disuse of agricultural infrastructure. Rather, according to the relevant Acts and subordinate statutes and the facts recognized earlier, the plaintiff is the defendant, who can disuse agricultural infrastructure of the reservoir of this case with the approval of the Mayor/Do governor as the manager of the reservoir of this case

I would like to say.

However, the plaintiffs seek the disuse of the agricultural infrastructure of the instant reservoir against the defendant, and even if the "approval from the Mayor/Do Governor or the head of Si/Gun/Gu" as prescribed by Article 24 (1) of the Rearrangement of Agricultural and Fishing Villages Act satisfies the practical and procedural requirements for the disuse of agricultural infrastructure, since the defendant is the agricultural infrastructure manager, the plaintiffs with the right to file an application under the cooking can contest against the defendant as seen earlier. Thus, the plaintiffs' claim against the defendant, who is the manager of the instant reservoir, can be asserted.

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