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(영문) 전주지방법원 2016.06.23 2015구합919
계고처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 17, 2007, B (representative C) concluded a basic agreement on private capital inducement projects with the Defendant and established the Plaintiff Company (representative director C) for the purpose of tourist accommodation business, etc. on December 26, 2008 while promoting the said business, and changed the said project to the Plaintiff on January 5, 2009 through a public announcement of the change of the project implementer of urban planning facilities (Juvenile Training Facilities).

B. On October 8, 2009 and April 8, 2010, the prospective site for the construction of the youth hostel was reported on the hot spring discovery on October 8, 2009 and on April 2, 2010. The Defendant accepted each hot spring discovery on January 15, 2010 and April 8, 2010. The applicant for the first report is C, and the applicant for the second report is the Plaintiff Company (Representative C).

C. On August 17, 2011, the Plaintiff obtained a building permit from the Defendant for a youth training facility ( youth training facility) on six parcels, other than the instant land, but did not file a report on the commencement of construction by August 15, 2013. The Defendant revoked the said building permit on September 13, 2013.

On September 25, 2013, the defendant notified C, the representative director of B, a stock company, to the effect that the acceptance of the report of hot spring discovery is revoked and the restoration is ordered as follows.

Accordingly, the Plaintiff filed an administrative appeal against the Defendant on November 6, 2013 against the Jeollabuk-do Administrative Appeals Commission on the revocation of acceptance of a report of hot spring discovery. On January 28, 2014, the Jeollabuk-do Administrative Appeals Commission dismissed the Plaintiff’s appeal.

[Notification of Acceptance and Cancellation of Hot Spring Discovery Report] On January 15, 2010 and April 8, 2010, the hot spring discovery report was accepted with respect to two hot spring holes of D in Jung-Eup owned by Co., Ltd., but no application was filed for approval of designation of hot spring hole protection zone or a development plan until now. Thus, the Hot Spring Act is to prevent groundwater pollution and prevent accidents through efficient management of hot spring hole.

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