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(영문) 춘천지방법원강릉지원 2015.08.13 2015구합1701
소하천점용ㆍ사용허가불가처분취소 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the instant disposition

A. From around 1987, the Plaintiff obtained permission to occupy and use a small river on land from the Defendant on seven parcels, such as C, etc., and obtained permission for the use of flowing water on the running water from the static-gun C, Gangwon-do, Gangwon-do, for the running of a fish plantation with the trade name of “E” using the above spring water.

B. However, on January 5, 2009, the Plaintiff received a disposition of refusing to apply for extension of the period of permission for the use of flowing water from the head of the refining station, and on September 2, 2011, the Defendant revoked the disposition of refusing to apply for extension of the period of permission for the use of flowing water, on the ground that a lawsuit seeking revocation of the permission for the use of flowing water against

The plaintiff filed a lawsuit seeking the revocation of the defendant's disposition on September 2, 2011, but was dismissed and finally affirmed.

[This Court 201Guhap809, Seoul High Court 2012Nu763, Supreme Court 2013Du2600]

On June 27, 2013, the Plaintiff reported inland fisheries to the Defendant, but on July 29, 2013, the Defendant was notified by the water surface manager of the relevant river water that the civil petition of residents living in the downstream areas likely to cause water shortage and pollution of the river water may not be used of the river water, on the grounds that the Plaintiff was notified of the consultation that the use of the river water is impossible. D.

Accordingly, on September 12, 2014, the Plaintiff filed an application with the Defendant for permission to occupy and use a small river for the use of flowing water with respect to nine square meters among the forest land in C-Jin-si, the pertinent inland fisheries report (hereinafter “instant land”); and on October 7, 2014, G G 2,653 square meters for the purpose of using flowing water for a fish farm site. On October 10, 2014, the Plaintiff filed an application with the Defendant for permission to occupy and use a small river for the purpose of using the use of flowing water. As the Defendant revoked the Defendant’s permission to occupy and use and use a small river in C-Jin-gun as a collective civil petition for the residents of the residents of the D-Ww-si, the lower court’s permission was revoked.

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