logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.01 2017구합11034
하천점용불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On October 31, 2016, the Plaintiff filed an application with the Defendant for permission to occupy and use a river of 623 square meters and 1,230 square meters of a D river (hereinafter “instant site”) (hereinafter “instant application”).

On the other hand, on March 3, 2008, on the part of the defendant, "the purpose of occupation and use: the purpose of occupation and use of land: the period of installation of a public parking lot: from February 27, 2008 to February 26, 2013", "the period of permission for occupation and use of a river shall be five years, and the period of permission for occupation and use of a river shall be obtained at least one month prior to the expiration of the term, and if not, it shall be deemed that the occupation and use will no longer have the intention and automatically cancel the permission" (hereinafter "existing occupancy permission"), and the public parking lot (hereinafter "public parking lot of this case") was established and operated from June 208 to June 208.

On December 19, 2016, the Defendant rejected the instant application from the Plaintiff on the ground that “the instant site may not be permitted to occupy and use a specific person as a site for a public parking lot managed by Seocheon City.”

(2) The plaintiff's assertion as to the legitimacy of the disposition of this case as to whether the plaintiff's ground for recognition exists, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 3, and the purport of the whole pleadings was legitimate. The defendant refused the application of this case and violated the principle of trust protection by making efforts to permit the occupation and use of the site of this case for several years, and even though the closed building was removed by the plaintiff's efforts, the defendant violated the principle of trust protection by refusing the application of this case, and since it did not apply for the extension of existing occupation and use permission, the existing occupation and use permission has already been invalidated as of February 26, 2013.

arrow