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(영문) 광주지방법원 2015.11.26 2015구합11790
공유수면 점사용 허가 취소처분의 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 23, 2011, in order to operate a business transporting stone collected in stone collection grounds on the sea using rock lines (hereinafter “instant business”), the Plaintiff’s status as the Plaintiff completed the business registration with the trade name of C, namely, the wholesale, retail, transportation, and line transport, and joint business proprietor B.

On May 4, 201, the Plaintiff, including the use of state forests and the occupancy and use permission of public waters against the Plaintiff, obtained permission to use state forests (hereinafter referred to as “permission to use state forests in this case”) for the purpose of using public waters with the following contents for the purpose of using a landing ground for a landing ground (hereinafter referred to as “instant permission”) from August 1, 201 to July 31, 201 for the purpose of gathering waste rocks from the head of the Seo-gu Regional Forest Administration of the Seo-gu Regional Forest Administration.

A person eligible for permission: The purpose of 1,200 square meters in the vicinity E of Jeonnam-gun: The conditions of permission (hereinafter “the conditions of permission in this case”) from August 12, 201 to August 11, 2021 for the booming period for transporting forest products (10 years).

9. No person may transfer a branch line for occupancy or use to another person or establish a private right.

13.In the event that a permit other than the occupation and use of public waters is required to be obtained, construction should be undertaken after obtaining the permit.

15. If the person to whom permission was granted violates any of the conditions of permission set forth in subparagraphs above, the Office of Administration shall revoke such permission.

On August 16, 2011, the Plaintiff prepared a business agreement and a letter of performance as follows for the business partnership of the instant project between the Plaintiff and F:

(hereinafter referred to as the “instant trade agreement”). Title, Plaintiff and F appear to be a clerical error in the foregoing D, which is the subject of the permission to use the state forest in this case, G in the Seoul-gun G.

Other four parcels (pathal site) are net.

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