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(영문) 인천지방법원 2015.07.09 2014구합2656
공유수면 점용.사용허가 신청 반려처분 취소 청구
Text

1. On June 26, 2014, the Defendant’s disposition of non-permission to occupy and use public waters against the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. On May 2, 2007, C obtained a permit to occupy and use public waters with a period of five years from May 2, 2007 to May 1, 2012 from the Defendant as the representative of “D”, a religious organization affiliated with A religious organization, for the purpose of creating a parking lot for the land of 297 square meters (hereinafter “instant public waters”). At the same time, C obtained a permit to occupy and use public waters for five years from May 2, 2007 to May 1, 2012, after installing a drainage pipe in the public waters, and created a parking lot site by reclaiming it. D used the instant public waters as the instant parking lot by operating the temple and the religious organization charnel facilities (hereinafter “instant charnel facilities”). On January 21, 2008, D installed a religious organization charnel facilities to the Defendant located adjacent to each of the instant public waters after installing it.

B. On August 23, 2012, the Defendant notified C of the expiration of the period of permission to occupy and use the public waters of this case that he/she again applied for permission to occupy and use the public waters of this case by September 7, 2012, and C filed an application for permission to occupy and use the public waters of this case by attaching a business plan, a cadastral map, a survey of the current status, a construction plan, and a plan.

C. Accordingly, the Defendant issued a supplementary notice to C on September 13, 2012, up to October 12, 2012, (i) the consent of the residents of J-ri, (ii) the relevant documents verifying the current status of the application site, and (iii) the submission of a drainage plan and a repair invoice for the prevention of disaster against the public waters in this case. Since the said supplementary notice was unfair on October 8, 2012, the Defendant’s submission of a written opinion to withdraw it was not implemented.

Accordingly, on October 15, 2012, the defendant notified C that he/she would return his/her application for permission to occupy and use public waters, and on November 1, 2012, the Public Waters Management and Reclamation Act does not exceed the Public Waters Management and Reclamation Act.

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