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(영문) 광주고등법원 2021.01.08 2020누11151
하천점용허가취소처분 취소 청구의 소
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The judgment of the first instance is revoked.

2. The Defendant’s revocation of permission to occupy and use a river against the Plaintiff on August 27, 2019.

Reasons

1. Details of the disposition;

A. From July 23, 2018, the Plaintiff: (a) sold, from July 23, 2018, a factory site of Gwangju Mine-gu, 826 square meters and D factory site of 2,919 square meters (hereinafter “factory site of this case”); and (b) from Co., Ltd., E, a general steel-frame structure on the ground of the instant factory site and other roof single-story manufacturing business; (c) 491.25 square meters at a single-story retail store; and (d) 163.8 square meters at a single-story office.

B. On August 30, 2018, the Plaintiff obtained permission from the head of the Gwangju Metropolitan City Mine-gu to change the purpose of use of the instant factory site to resources circulation-related facilities.

After that, on September 4, 2018, the Plaintiff submitted a comprehensive waste recycling business plan, which covers the site of the instant factory as the location of the place of business, to the head of the Gwangju Metropolitan City Mine-gu Office, Gwangju, and received conditional notification on September 4, 2018.

(c)

On January 25, 2019, the Plaintiff filed an application with the Defendant for permission to occupy and use a river for the purpose of installing facilities for screening and storing recyclable products (a consortium labeling, voltage landings, recycling products storage unit; hereinafter collectively referred to as “facilities of this case”) with respect to the Defendant of 807 square meters (hereinafter referred to as “the site of this case”) out of 2 parcels, the area adjacent to the instant factory site, from January 28, 2019 to January 26, 2024, the Defendant: (a) obtained the permission to occupy and use the river from January 28, 2019 to January 26, 2024; and (b) from January 28, 2019 to July 26, 2019 (hereinafter referred to as “the permission to occupy and use the river of this case”).

(d)

Then, while installing the instant facilities in the instant application, the Plaintiff installed concrete packaging on the lower floor of the instant lower floor, and installed pents on the part of the boundary of the instant application site with the roof, columns, and main walls (hereinafter referred to as each of the instant concrete packaging, the instant building, and the instant pents, collectively referred to as “facilities of this case”). E. The head of Gwangju Metropolitan City Mine Office on April 1, 2019, the Plaintiff on April 1, 2019.

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