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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, while operating a shipbuilding yard in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, in the course of operating a shipbuilding yard, installed and used a tugboat for vessel dogs with a width of 10 meters and length of 72 meters for the purpose of towing ships with respect to the public waters in C from 1995 to the Defendant (hereinafter “instant public waters”).
B. Upon the expiration of the period of permission for occupancy and use of public waters on June 28, 201, the Plaintiff applied for permission to change the occupancy and use of public waters to the Defendant on July 13, 201, but the Defendant returned it on November 7, 2013 on the ground that the consent of the right holder was not attached.
C. From December 19, 2013 to February 25, 2014, the Defendant ordered the Plaintiff to remove the instant teas, etc. and reinstate the instant public waters on the ground that “the Plaintiff’s period of permission to occupy and use public waters has expired” once every four times from December 19, 2013 to February 25, 2014, but the Plaintiff did not comply therewith.
On September 26, 2014, the Defendant rendered a disposition to the Plaintiff for vicarious execution with the purport that the Defendant forced or allowed a third party to execute the restoration of the public waters of this case by removing the instant tea, etc. pursuant to Article 21(1) and (2) of the Public Waters Management and Reclamation Act (hereinafter “Public Waters Management Act”) and Articles 2 and 3(1) of the former Administrative Vicarious Execution Act (Amended by Act No. 13295, May 18, 2015).
E. On February 26, 2015, the Plaintiff filed a lawsuit claiming the revocation of the above disposition of the dismissal of vicarious execution as the Daejeon District Court 2015Guhap464, but on December 16, 2015, the said judgment became final and conclusive on October 13, 2016 due to the dismissal of both an appeal and final appeal against the said judgment.
F. After November 17, 2016, the Defendant, pursuant to Article 21(1) and (2) of the Public Waters Act, on the Plaintiff’s day before December 30, 2016.