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1. Revocation of the first instance judgment.
2. The Defendant’s refusal to report the construction of a temporary building on January 18, 2018 to the Plaintiff.
Reasons
Details of the disposition
The reasoning for this part of this Court is as follows: (a) the reasoning for the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the reasons for the judgment of the first instance, which read “. December 18, 2017” as “ December 28, 2017.”
As the Plaintiff’s assertion as to the legitimacy of the instant disposition does not have any specific provision regarding the definition of a building in the Water Supply and Waterworks Installation Act, “building” under Article 7(4)1 of the Water Supply and Waterworks Installation Act shall be deemed to mean a building that is subject to permission or reporting under the Building Act.
However, the instant temporary building does not constitute a building subject to permission or reporting under the Building Act, and ultimately, it is not a building subject to permission under Article 7(4) of the Water Supply and Waterworks Installation Act
Nevertheless, the Defendant’s disposition of this case based on Article 13 of the Enforcement Decree of the Water Supply and Waterworks Installation Act and Article 12 of the Water Supply and Waterworks Management Rules is unlawful as there is no legal basis.
Even if the water supply law applies to the temporary building of this case, the temporary building of this case is a temporary storage to return work uniforms while keeping machinery and equipment for farming use, and it is not a facility contrary to the purpose of designation as a water source protection area because it does not require water supply facilities. Thus, it constitutes a facility that can be permitted as a water supply source protection area storage under Article 7(4) of the Water Supply and Waterworks Installation Act, Article 13(1)1 of the Enforcement Decree of the same Act,
The Defendant’s assertion is located in the water-source protection area, and the instant temporary building falls under “building or other structure” as provided in Article 7(4)1 of the Water Supply and Waterworks Installation Act and Article 13(1)1 of the Enforcement Decree of the Water Supply and Waterworks Installation Act, and the relevant water-related Acts and subordinate statutes apply to construction of the instant temporary building.
Article 7 (4) of the Water Supply and Waterworks Installation Act, Article 13 (1) 1 of the Enforcement Decree of the Water Supply and Waterworks Installation Act, and subparagraph 3 (f) of Article 12 of the Water-source Management Rules.