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(영문) 창원지방법원 2017.01.10 2016구합51069
산지일시사용신고불수리처분취소등
Text

1. The Defendant’s disposition not to accept a report on temporary use of the land on March 29, 2016, which was rendered to the Plaintiff, and the public waters as of April 1, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established on July 21, 1989 and engaged in the business of manufacturing and selling asphalt, and the business of manufacturing and selling fine stones and stone.

B. On March 2016, the Plaintiff filed an application with the Defendant for permission to use agricultural production infrastructure facilities or water for the purpose other than the purpose of using water for agricultural production infrastructure facilities or water for the purpose of using 78 square meters among the land owned by 1024,189 square meters in a river located in 1024-1, the Plaintiff filed an application with the Defendant for permission to occupy and use a road of 30 square meters in the area of 202, 208, 209, 210, 212, 213, and 214, 2.

C. On March 29, 2016, the Defendant, upon deliberation by the civil petition conciliation committee pursuant to Article 38 of the Enforcement Decree of the Civil Petitions Treatment Act, accepted the report on temporary use of the land following the deliberation of the civil petition conciliation committee, since not only environmental damage on the Plaintiff, but also it is anticipated that the designation of the

(hereinafter “instant No. 1 Disposition”) D.

On April 1, 2016, the Defendant issued a non-permission to occupy and use public waters on April 1, 2016 (hereinafter “instant Disposition 2”) and a non-permission to occupy and use agricultural infrastructure facilities or water for purposes other than agricultural production infrastructure (hereinafter “instant Disposition 3”); and on April 21, 2016, a non-permission to occupy and use a road (hereinafter “instant Disposition 4”); and hereinafter “each of the instant dispositions”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (if there are provisional numbers, including lot numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion 1 does not present the grounds for non-permission of each of the dispositions of this case and the Civil Petitions Treatment Act.

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