logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.04.02 2018구합14078
공유수면 점용사용허가 취소처분 취소
Text

1. The revocation of permission for occupation and use of public waters by the Defendant on November 13, 2017 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The Plaintiff is the owner of 2,311 square meters prior to C, 1,058 square meters prior to D, E, and 1,141 square meters (hereinafter “each land owned by the Plaintiff”). The Plaintiff is the owner of each land owned by the Plaintiff, and the F river of 10,195 square meters adjacent to each of the said land (hereinafter “the instant river”) is the State-owned land.

5.(Purpose of Occupation and Use)This occupation and use permit shall not be used for any purpose other than that for which it has been permitted to occupy and use, and in any case, the occupation and use permit may be cancelled, and it shall be restored directly by the person who has been permitted to restore it to its original state.

12.When a civil petition is filed due to the occurrence of problems related to this occupation and use, causing trouble to neighboring land, etc., this permit may be cancelled ex officio if it violates the purpose of use or is occupied or used by another person.

On February 24, 2017, the Defendant: (a) deemed the Plaintiff to use farmland for the purpose of occupation and use; (b) granted the Plaintiff the occupancy and use permit for the occupation and use of 567 square meters of the instant river (hereinafter “instant occupation and use permit”) from the time of permission to May 31, 2019; and (c) added the following conditions of permission.

On the other hand, on March 25, 2016, the Plaintiff leased each of the instant land owned by the Plaintiff to G during the period from March 25, 2016 to March 25, 2019, with a lease deposit of KRW 5 million, monthly rent of KRW 420,00,000, and the period from March 25, 2016.

On April 5, 2017, the Defendant issued a corrective order to the Plaintiff to change the form and quality of the occupation and use portion of the instant case, and to restore it to its original state because it installed a structure, container, etc. on the ground. On June 23, 2017, the Defendant issued a corrective order to the Plaintiff to the effect that the aforementioned matters were unlawful, following the hearing procedure on the cancellation of the occupancy and use permit of the instant case against the Plaintiff, and on November 13, 2017, Article 19(1)2 of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Act”) on the ground that “the person who obtained the occupancy and use permit violates the permitted matters.”

arrow