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(영문) 서울고등법원 2016.12.07 2015누52649
공유수면 점용.사용허가 신청 반려처분 취소 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this is acceptable as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

(hereinafter referred to as "land and buildings" shall be deemed as "land (495 square meters in a site area) and buildings (196.3 square meters in a total floor area)" for the second reason of the part 2. Cut or added.

Part 5 of Part 4 "F 15, Jun. 15, 2014" is dismissed as " June 19, 2014," and the "Incheon District Court" shall be added following the 10th "the above".

The third place of the 5th place “cement facility, crematory facility, etc.” shall be laid in the “instant charnel facility,” and the sixth place of possession “the sixth place of possession” shall be taken into “the occupancy”.

The following shall be added to the 7th page “.........”

In addition, Article 4 (2) of the Enforcement Rule of the Public Waters Act provides that "An application for permission for occupancy or use of public waters shall be accompanied by the following documents," and subparagraph 6 provides that "the details of consultation on environmental impact assessment (limited to a project subject to environmental impact assessment under Article 4 of the Environmental Impact Assessment Act) notified by the Minister of Environment pursuant to Article 18 of the Environmental Impact Assessment Act." However, there is no evidence to deem the contents of occupancy or use of the public waters of this case applied by the Plaintiff as a project subject to environmental impact assessment under Article 4 (2) 6 of the Enforcement Rule of the Public Waters Act, so the defendant cannot take the disposition of this case on the ground of Article 4

“Third, as examined below, the drainage capacity of the drainage facilities installed on the public waters of this case is significantly lacking, and thus, it will not be restored to the natural environment.

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