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(영문) 대전지방법원 2016.04.07 2015구합2521
행정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

A. On May 13, 2008, the Plaintiff approved the land substitution plan and implemented D tourist destination development projects.

B. On July 3, 2008, Plaintiff A, at the time of the removal of a temporary building that he/she had resided in the D development project and around July 3, 2008, proposed the Defendant to occupy and use the E branch line of Chungcheongnam-gun, Chungcheongnam-do (Public Waters) for a limited period of time (hereinafter “instant public waters”) and submitted to the Defendant a letter containing his/her promise to remove and restore a temporary building installed on the ground of the public waters, even before the period of the D development project expires or the construction of a building in the tourist area is completed even before the completion of the project period.

C. Around August 8, 2008, the Defendant: (a) granted the Plaintiff permission to occupy and use the instant public waters as follows.

The period of permission: The purpose of permission from August 8, 2008 to August 7, 2010 (two years): the conditions of permission for the construction of residential buildings [PE double wall (400): 884.0m, 100*10*4.2T: 1,0450m): the conditions of permission for the temporary use before the completion of D tourist development projects, and the relocation must be made after the removal of buildings.

(2) Since residential buildings are subject to building permission under Article 11 of the Building Act, they shall commence construction works after building permission.

Plaintiff

A From that time, around January 7, 2010, a residential building (hereinafter “instant building”) was constructed and approved for use on the ground of the instant public water surface, and resided in a place where the registration of preservation of ownership was made on its own name on January 7, 2010, and applied for permission to occupy and use public water surface to change the occupancy and use period of the instant public water surface on a permanent basis on July 2010, and the Defendant rejected the application on August 9, 2010, stating that “A temporary permission was granted prior to the completion of the D development project, and it is impossible to extend the period.”

E. The plaintiff A.

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