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(영문) 제주지방법원 2017.06.21 2016구합678
어항시설사용.점용연장허가불허처분취소
Text

1. On November 15, 2016, the disposition of the Defendant’s refusal to extend the use and occupation of B fishery harbor facilities against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. C around April 201, the head of the Jeju Coast Guard obtained a certificate of completion of the excursion ship business from the local fishery harbor B (hereinafter “B”) located in the Jeju Coast Guard to the neighboring sea, and continued the same business after obtaining a license for the excursion ship business from the head of the Jeju Coast Guard to March 5, 2024, on June 17, 2014.

B. The Plaintiff (a person in charge of an individual is the Plaintiff for convenience) obtained permission to use and occupy B’s fishery harbor facilities from the Defendant around 201 in order to run the said business, and thereafter has obtained permission to extend the period of use and occupation of the said fishery harbor facilities (a size of 304 square meters in a water area (304 square meters in a water area, 4 square meters in a land area) on a regular basis thereafter.

C. In relation to the issue of the use of B fishery harbor facilities, the Plaintiff prepared a “contract” with the F fishing village fraternity and the F fishing village association on April 12, 201, which stipulates that KRW 30 million shall be paid as the development fund. On September 2013, the Plaintiff prepared an “Agreement on the Implementation of Excursion Ship Business” with the content that each three million won shall be paid each year to the F fishing village fraternity, the Shipowners Association, the Maritime Association, etc. by August 31, 2016 as the development fund.

F The fishing village fraternity and the Shipping Association have prepared a “written consent” to the effect that the Plaintiff did not object to the use of the Plaintiff’s fishery harbor facilities whenever the Plaintiff filed an application for permission to occupy and use B fishery harbor facilities from the Defendant.

The Plaintiff applied for the extension of the period of use and occupation of B fishery harbor facilities to the Defendant at the expiration of the period of use and occupation of B fishery harbor facilities ( August 31, 2016), and discussed the issues of use of B fishery harbor facilities with the FF fishing village fraternity, etc. as in the past, but no agreement was reached on the amount of the development fund.

Accordingly, on September 2, 2016, the Plaintiff was required to the fishing village fraternity, etc. on September 2, 2016 by the "F fishing village fraternity, etc." 2.

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