logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.11 2018나5550
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

On April 15, 2013, the Plaintiff had been equipped with ancillary facilities after obtaining permission for fishing place business (Article 10 of the Fishing Management and Promotion Act, Articles 4(3), 6(2), and 13(2) of the Enforcement Rule of the same Act for a period of three years from April 15, 2013 to December 31, 2015, with respect to the K reservoir located in Ansan-si J (hereinafter “instant reservoir”).

On March 30, 2015, the Defendants, who set up farm houses in the vicinity of the instant reservoir, filed a civil petition with the Ansan City Mayor stating that “In the event of opening the water reservoir intending to ring water for hair, the Plaintiff was unable to locked the water tank to raise the water level to prepare for droughts, and then, it was difficult for users of the fishing place to store sand strings in order to raise the water level. In addition, the users of the fishing place are causing inconvenience to the residents of the city, and the users of the fishing place install vehicles on the road, and conduct tort such as creating the road by damaging the oil reservoir and damaging the mountain (hereinafter “instant civil petition”). The Defendants filed a civil petition with the purport of revoking the permission for the above fishing place business (hereinafter “instant civil petition”).

On December 16, 2015, the Plaintiff received an application for a permit to extend the validity of a fishing place business for three years from January 1, 2016 to December 31, 2018.

On February 24, 2016, the Ansan City sent to the Plaintiff a letter of “the return of all relevant documents following the failure to submit documents for an application for permission for fishing place business” with the following contents as follows:

(hereinafter “Return of the petition documents of this case”). A return of all related documents following the failure to meet the documents specified in the application for a permit for a fishing place business

2. Although a “application for permits to operate a fishing place business” was submitted in December of the past year in order to extend the validity period of permits to operate a fishing place business, it is anticipated that the procedures for approving the use of waters were difficult.

arrow