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(영문) 서울고등법원(춘천) 2020.06.15 2020누96
손실보상금 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Case history

A. On July 10, 2008, Plaintiff A fishery partnership corporation (hereinafter “Plaintiff A”) obtained permission to occupy and use a river (hereinafter “instant land”) for the aggregate of 11,446 square meters of two parcels, E, and 11,446 square meters (hereinafter “instant site”) from the Chuncheon City Mayor, a national river, on the following grounds: (a) around July 10, 200: (b) it appears that the said site consists of the flow of islands and water in the river; (c) but, for convenience, it is deemed that the said site is the site of this case.

Plaintiff

Since then, a corporation has installed an artificial fish spawning in the site of this case and installed and operated a natural fish farm on the ground of neighboring islands, and has planted trees such as fruit trees, flowers, etc.

On January 10, 2013, the Chuncheon Mayor extended the period of permission for occupation and use of this case to the Plaintiff corporation as follows.

The purpose of occupation and use (act): Article 33(1) of the former River Act (amended by Act No. 15405, Feb. 21, 2018; hereinafter “former River Act”); Article 37 of the Enforcement Decree of the same Act; Article 17 of the Enforcement Decree of the same Act (hereinafter “instant condition of permission”)

1. He/she shall not lease, sublease, transfer, acquire, or inherit his/her occupation and use right to another person without justifiable procedures;

2. When any river management violates Acts and subordinate statutes or it is necessary, such as cancellation, change or reinstatement, etc. of permission may be made or other necessary dispositions may be taken.

3. Use (such as planting trees and installation, etc. of structures) for any purpose other than that for which permission is granted shall be prohibited in entirety, not exceeding the area of permission for occupancy, not arbitrarily changing the topography, form and quality of land, not restricting residents' passage (such as agricultural machinery, vehicles, etc.) or impeding their lives, and shall be restored to its original state after the completion of permission;

4. A vinyl, mushroom cultivation shed, etc. with permission obtained for the purpose of farmland.

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