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(영문) 창원지방법원 2015.08.25 2015구합354
유선사업면허신청에 따른 민원서류반려통지처분취소
Text

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. On March 16, 198, the Intervenor B decided to conduct the excursion ship business in the G coast line, and installed a floating line with the permission to occupy and use public waters and install a structure on the HW line located on the shore line above, with the permission to install a structure, and installed a bridge and a floating line (referring to a facility where the floating line is safely moored and a platform facility where the floating line passengers can get on and off; hereinafter referred to as the “instant facility”).

B. The Intervenor B, who agreed to own 2/3 shares in the instant facilities, and I fishing village fraternity collected 7% of the amount of revenue from the excursion ship business owner using the instant facilities from March 1990, as commission, after having agreed to own 1/3 shares in the instant facilities, and from March 1990.

C. On December 21, 1996, the National Park Management Corporation reflected the part related to the instant facilities in the J Park planning. Accordingly, the Defendant Intervenor B, etc. filed an application for a permission to implement a park project with the Korea National Park Management Corporation on December 1, 1998, according to the opinion of the Korea National Park Management Corporation that it is required to obtain a permission to implement a park project in the H-line landing area, and the Korea National Park Management Corporation rejected the said application on the grounds that it did not consent of the I fishing village fraternity.

Accordingly, the excursion ship business owner and the I fishing village fraternity are entitled to a permission to implement a park project under the joint name, and four owners of the excursion ship business (K, the Intervenor B, C, D, hereinafter “four owners of the excursion ship business”) and four representatives of I fishing village fraternities (L, the Intervenor E, F, hereinafter “I fishing village fraternity”). On November 5, 1999, the National Park Management Corporation applied for a permission to implement a park project under the name of four owners of the excursion ship business (the four owners of the excursion ship business, including the L, the Plaintiff, the Intervenor E, F, and the I fishing village fraternity; hereinafter “eight joint business owners”). On November 10, 1999, the Defendant B, and C obtained a permission to implement a park project under the permission to implement the park project under the name of four owners of the excursion ship business.

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