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(영문) 광주지방법원 2020.11.19 2019구합15486
반려처분취소의 소
Text

On October 16, 2019, the defendant's disposition to return the application for permission to occupy and use rivers issued to the plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. In around 200, the Plaintiff had obtained a license for the excursion ship business from the Do Governor, and had engaged in the excursion ship business (hereinafter “the instant excursion ship business”) using the excursion boat called “C” with the name of “C” at the excursion ship wharf located in Yongnam-gun B. On September 4, 2009, the license period of the relevant excursion ship business was extended until September 3, 2019.

B. On August 2019, the Plaintiff filed an application for the renewal of the license for the excursion ship business with the Jeonnam-do Governor to continue to operate the said excursion ship business, and the Do Governor requested the Plaintiff to obtain permission for the occupation and use of the river issued by the Young-gun and the Muan-gun for E, a national river (hereinafter “instant river”).

On September 14, 2017, the Plaintiff issued a written permission to occupy and use a river from the head of Youngam Gun to September 15, 2017; from September 14, 2017 to September 14, 2020; however, on October 8, 2019, the Defendant notified the Plaintiff that the vested river user (a person who has obtained permission to occupy and use a river, a fishery right holder, and a fishery right holder) should notify the Plaintiff of the attached attachment in order to prevent losses of vested river users pursuant to Article 34 of the River Act.

As the Plaintiff did not submit the above written consent, the Defendant rejected the Plaintiff’s application on October 16, 2019 for the following reasons:

(hereinafter referred to as “instant return disposition”); (b) (c)

3. Regarding the “application for permission to occupy and use rivers in E” and the “application for permission to occupy and use rivers in E” and the “application for permission to use ships, etc. (operation of ships, etc.) is not submitted although the written consent of interested parties was requested to supplement the documents, but the application for postponement, etc. is not received. Therefore, the application is rejected due to the expiration of the civil petition processing period by October 16, 2019.

4.

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