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(영문) 부산고등법원(창원) 2015.01.29 2014나2368
공원사업시행허가 명의변경
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' lawsuits are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On March 16, 198, after obtaining permission to occupy and use public waters and to install structures, Nonparty F installed floating bridges and floating bridges (a facility for safely mooring an excursion ship and for passengers to board and alight from the excursion ship; hereinafter “the instant floating bridge”) on the G coast line in Korea Sea National Park. On May 10, 198, Nonparty F used the instant floating bridge in order to operate the excursion ship business, including the outer map and the water tank, after reporting the operation of the excursion ship business.

B. The public waters where the instant remaining school was established are the places where Nonparty H fishing village fraternity runs the fishery business.

F taking into account the position of the National Park Management Corporation that a park project cannot be implemented without obtaining permission for implementation of a park project, the F has discontinued the use of the instant landing, but it has owned, preserved, and managed the instant landing, jointly with H fishing village fraternity without obtaining permission for implementation of a park project (hereinafter “the aforementioned park project”).

On March 27, 1996, F entered into an agreement with the J, K, L, and M on the name of the park project implementer, location of the excursion ship wharf, new participation in the business, etc. on the H fishing village fraternity, and entered into an agreement as follows. The letter of certification (No. 2, No. 1451, Dec. 14, 1996, including the I Notaries Joint Office, hereinafter “instant letter of certification”). The F, J, K, L, M signed and sealed as the “project implementer” on the letter of certification, and the Defendant, N, andO signed and sealed the letter of certification.

Article 2 (Name of Operator of Park Project) The name of the operator of a park project shall be P Representative F (Right of Equity 2/3), Q Representative J, K and R Representative L (Right of Equity 1/3) currently operated.

(Provided, That the J, K, and L shall be the representative of the right to share in fishing village fraternities) also appoint S representative M to the list of the operators of the excursion ship park.

Provided, That the above person shall prevent the closure of another person's certificate of seal impression or seal at the time of the license of the ship, and shall acquire the license with the representative's seal.

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