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(영문) 대전고등법원 2015.05.07 2014누555
공유수면 점.사용허가처분취소
Text

1. Revocation of the first instance judgment.

2. The public waters raised by the Defendant against the Defendant’s Intervenor on March 29, 2011.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff owned power plants, including power plants and wharfs, and is engaged in power generation business. 2) The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) obtained permission from the Defendant on December 16, 2010 for conversion of mountainous district to 3, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Cheongnam-gun, and filed a report on the use of animal and plant management facilities on March 7, 201 to 11-2, 201, and then newly constructed a land sea water nursery.

(hereinafter referred to as the “instant aquaculture”) B.

The Defendant permitted the occupation and use of public waters on March 29, 201 pursuant to Article 8(1) of the former Public Waters Management and Reclamation Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter “the Public Waters Act”), the Intervenor permitted the occupation and use of public waters 10-2 (hereinafter “instant public waters”) with the following contents as to the public waters (hereinafter “instant disposition”), and on March 30, 201 pursuant to Article 8(6) of the Public Waters Act:

(hereinafter “instant public notice”). Permission number: Fishery 201-07-02 for the purpose of occupancy and use of fishery 201-02: The permitted place for the occupancy and use of a fish plantation in the land: The permitted area for the permitted area of 10-2 (ship) in Taean-gun, Seoan-gun, Seoan-gun, Seoul: the permitted area: the permitted area of 336 square meters: March 29, 2011 to March 28, 2014.

On July 14, 2011, the Plaintiff filed a petition for revocation of the instant disposition with the administrative appeals commission of Chungcheongnam-do, Chungcheongnam-do, Seoul, the administrative appeals commission of Chungcheongnam-do, was dismissed on the ground that the period for filing a petition has lapsed on October 6, 201, and that the standing to file a petition is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. To enter the details of the relevant statutes attached thereto;

3. The defendant's defense prior to the merits.

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