logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.10.16 2019구합21742
하천부지 점용허가 신청 불허가처분 취소 등 청구
Text

1. Of the instant lawsuit, the part concerning the claim for cancellation of the disposition to permit the occupation and use of river sites listed in attached Form 1 shall be dismissed

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On November 1, 2016, C obtained permission to occupy and use a site for the purpose of occupation and use, and the period of occupation and use from November 1, 2016 to October 31, 2019, by setting the period of occupation and use as the site for 161 square meters among the river sites E in Yeongdeungpo-gun, Young-gu, Young-gu, Seoul (hereinafter “instant river site”).

(hereinafter referred to as “instant occupancy permit disposition”). (b)

C Subsequent to the Plaintiff’s instant river site, the instant river site was used as an access road to the ground building (the instant building; hereinafter “instant housing”) owned by the 54,675 square meters (hereinafter “instant project site”) located in Gyeonggi-do, Chungcheongnam-gun, Chungcheongnam-gun, Seoul (Death around June 2018) adjacent to the instant river site.

C. C around December 2017, sold the instant house to F in KRW 50 million, and F paid 5 million down payment to F on the 19th of the same month.

F on June 21, 2018, on the instant land, the F completed the registration of ownership transfer to the Plaintiff on the ground of donation.

E. On July 28, 2018, the Plaintiff paid 45 million won to C the remaining value of the instant housing.

F. C transferred the right to occupy and use under the instant disposition on November 25, 2018 to D on the occupancy and use of a river.

D On November 26, 2018, the Defendant reported that he succeeded to the rights and obligations under the instant disposition of permission for occupation and use, and the Defendant accepted it on the same day.

(g) On January 2, 2019, the Plaintiff applied for permission to occupy and use the instant river site to use the instant river site as an entry into the instant project site. However, on the same day, the Defendant, on the same day, rejected the said application on the ground that “D is not possible to file an application for permission to occupy and use the river site with the Plaintiff upon receiving the instant permission to report the succession on November 26, 2018.”

(hereinafter “instant non-permission disposition”). H.

Meanwhile, as the representative director of H, the Plaintiff is expected to engage in the I-Power generation business in the instant business site.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 4, 6, 9 through 9.

arrow