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(영문) 서울고등법원 2016.01.27 2015누56283
어항시설사용.점용신고
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

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the addition of the following sub-paragraph (2) of Article 8 of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff's assertion that the plaintiff's vessel was completed a safety inspection, completed safety education, and the reasonable amount of tax is one of the public users specified in the fishing village and fishery harbors, which is very dangerous because of the concentration of fishermen's farms and various facilities at the time of departure from the long-distance port, the gymp harbor slot that the plaintiff intends to use is located in the opposite part of the drainage level, and is entirely irrelevant to the drainage level because the breakwater is blocking the breakwater, and the distance to the Do from the Do to the Do to the Do to the Do to which the plaintiff wishes to use is far more close and safe, the disposition of this case is unlawful, although the report on the use of the gymp harbor, applied by the plaintiff, should be accepted.

B. In addition to the circumstances described in the judgment of the court of first instance, the following circumstances, which are acknowledged by comprehensively taking into account the respective descriptions of the evidence Nos. 1, 2, 7, 12, 14, and 15 as well as the overall purport of the pleadings, fall under the national fishing port and are not equipped with marina facilities in preparation for the current activities of marine leisure sports. Considering the purpose (see Article 1) of the fishing village and fishery harbors that aim to enhance the purpose of establishment, functions and facilities of the ancient port, the competitiveness of fisheries, and contribute to the construction of a good fishing village and balanced national development by enhancing the quality of life of fishing village residents, the use of the ancient port as public means the use of the fishing village residents or the persons related to fisheries, and therefore, it is not a fishing vessel.

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