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(영문) 의정부지방법원 2017.07.13 2016구합1146
농업생산기반시설 목적외 사용신청 반려처분 취소
Text

1. On June 8, 2016, the Defendant rendered a disposition to return the application for use of agricultural infrastructure to the Plaintiff for any purpose other than its original purpose.

Reasons

1. Circumstances and basic facts of the disposition;

A. On April 2010, the Plaintiff filed an application for approval for the use of agricultural infrastructure for the purpose other than the purpose of agricultural infrastructure 1) The Plaintiff refers to the Plaintiff, Ycheon-si, B road B, C, 97 square meters prior to C (hereinafter “instant land”; and the “instant land”; and the Plaintiff, in total, refers to the Plaintiff’s land in this case.

A) On April 4, 1998, the registration of ownership transfer was completed on the ground of partition of co-owned property on April 2, 1998.2) The owner of Chocheon-si D, 12,562 square meters (hereinafter “the ditch of this case”) is the owner, and the management agency is located adjacent to the land of this case as State-owned land which is the Ministry of Agriculture, Forestry and Fisheries, and the management agency is located adjacent to the land of this case as State-owned land which is the Ministry of Agriculture, and due to flood, the waterway has changed to a vertical length, most of the land of this case and part of the land of this case C were submerged and

3) On April 2010, the Plaintiff filed an application with the Defendant for approval for use of the size of 20 square meters among the instant ditches for the purpose other than the agricultural infrastructure that made the purpose of use “construction of structures” and the method of use “establishment of reinforced retaining walls” among the instant ditches. 4) Upon the Plaintiff’s application, the Defendant demanded the Defendant to submit F consent form, which is the owner of land adjacent to the instant ditches, Seocheon-si E (hereinafter “instant neighboring land”). However, on May 27, 2010, F sent to the Plaintiff a document verifying that “the direction of running water when performing construction works like the Plaintiff’s construction drawing is anticipated to have a direct impact on the neighboring land.” On July 5, 2010, the Defendant rejected the Plaintiff’s application for approval for use on the ground that the Plaintiff did not submit F’s consent form.

B. The Plaintiff’s application for approval of occupancy and use of agricultural infrastructure was rejected after the application for approval of use for the above agricultural infrastructure was rejected.

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