logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.05.16 2016구합70896
공유수면매립면허취소 청구의 소
Text

1. The Defendant’s revocation of permission to occupy and use public waters against the Plaintiff on June 8, 2016 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On February 1, 2008, the Plaintiff obtained occupation and use permission (the purpose: access road and period: January 2, 2008; January 31, 201; 201; or January 31, 2013) on public waters from the Defendant of Gwangju City, with respect to the 1,962 square meters (hereinafter “the public waters of this case”) among the rivers of Gwangju City and D ditches, and with respect to the occupancy and use permission of public waters, the Plaintiff added a vice-section “14. If the Plaintiff violated any of the above terms and conditions of permission and other laws, the license may be revoked” (hereinafter “previous vice-section”).

B. On February 13, 2013, the Plaintiff filed an application for extension of the occupancy or use permission period of public waters and received notification (for the purpose of use: farmland and period of use: January 31, 2017) from the Defendant. However, the Plaintiff’s additional clause (14) was deleted under the conditions of occupancy or use, and the previous additional clause (13) was deleted under the conditions of occupancy or use, and the permission may be revoked if the Plaintiff violated the purpose of use or permitted matters.”

C. Since then, the Plaintiff filed an application to change the purpose of use of the public waters of this case into farmland and site (farmland 1,632 square meters, site 330 square meters). On July 24, 2014, the Plaintiff obtained permission to change the use of public waters from the Defendant (the period: from February 1, 2013 to December 31, 2017; hereinafter “instant occupancy permission”).

On the other hand, among the public waters of this case, the Plaintiff was notified by the Defendant on July 30, 2014 that the report on the construction of a temporary building was accepted on the two containers of 18㎡ area each for the purpose of temporary storage in the ditches of Gwangju City.

E. However, on October 1, 2014, the Plaintiff, unlike the foregoing report on the construction of a temporary building, installed two plastic houses for lodging in the area of 21 square meters in Gwangju City D, and two plastic houses for storage in the area of 27 square meters (hereinafter “instant temporary buildings”), among the public waters in the instant case, on October 1, 2014. The Defendant ordered the Plaintiff to voluntarily remove and restore the instant temporary building on October 21, 2014, and removed the said temporary building again on November 25, 2014.

arrow