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(영문) 광주고등법원(제주) 2020.07.22 2019누1502
지하수개발.이용허가취소처분의 취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On October 23, 2008, Article 312(1) and (2) of the former Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (wholly amended by Act No. 13426, Jul. 24, 2015; hereinafter referred to as the “former Special Act on Jeju”) with respect to the land for Seopo City C 703 square meters (hereinafter referred to as “instant land”) owned by the Defendant from the Defendant on October 23, 2008, Article 312(1) and (2) of the former Ordinance on the Management of Groundwater of Jeju Special Self-Governing Province (wholly amended by Ordinance No. 958, Oct. 17, 2012); Article 5,6,8, and 9 of the former Ordinance on the Management of Groundwater of Jeju Special Self-Governing Province (wholly amended by Ordinance No. 958, Oct. 17, 2012); Article 312(1) and (2) of the instant land.

B. On August 11, 2009, the Plaintiff purchased the instant land from B and completed the registration of ownership transfer on August 19, 2009, and around that time, acquired the right to the instant permission for use.

C. On May 3, 2014, the Plaintiff obtained permission from the Defendant to extend the period of permission for use of the instant case by April 30, 2017 pursuant to Article 312(1) and (2) of the former Special Act on Jeju, and Articles 5(1), 8(1), 9(1), and 13(2) of the Ordinance on the Management of Groundwater of Jeju Special Self-Governing Province (use: industrial, detailed use: other manufacturing business).

On March 11, 2017, the day prior to the expiration of the permission period, the Plaintiff filed an application for extension of the permission period with the Defendant. However, on April 6, 2017, the Defendant held a hearing to cancel the permission for the development and utilization of groundwater pursuant to Article 380(3)2 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (hereinafter “Special Act on Jeju”), Article 35 Subparag. 1 and Article 10(1)7 of the Groundwater Act and held a hearing date for the cancellation of the permission for the development and utilization of groundwater on April 21, 2017.

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