직무이행명령 취소 청구의 소
The Defendant’s order to perform duties against the Plaintiff on August 12, 2016 is revoked.
Costs of lawsuit shall be borne by the defendant.
1. The facts under the circumstances and summary of the order to perform the duties are not disputed between the parties, or may be acknowledged by taking account of the respective entries in Gap evidence of 1 to 17, Eul evidence of 1 to 7 (Additional Number omitted), and the whole purport of pleadings.
On January 24, 1985, Chungcheongnam-do, Chungcheongnam-do, the Ministry of Agriculture and Fisheries implemented the project to reclaim public waters of the Nam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant reclaimed land”) whose purpose is to reclaim 11,913,69.5 square meters of the area of public waters located between Chungcheongnam-do and Seocheon-do (hereinafter “instant reclaimed land”) and create farmland by obtaining approval from the Minister of Agriculture and Fisheries for reclamation of public waters.
The project of this case was implemented from August 7, 1985 to July 16, 2008, and facilities such as tide embankments and drain gates, which are the reclaimed land of this case and its affiliated facilities were established. The project expenses were fully appropriated from the Farmland Management Fund, which is the national treasury.
B. Although the construction on the instant project was completed on July 2008, it was impossible to undergo an inspection of completion due to the delay in the determination of attribution due to differences in opinions between Bocheon-gun and Bocheon-gun on the reversion of the instant reclaimed land.
In the process, from 2009 to 2014, Bo-si disbursed the expenses of KRW 2,432,306,000 for the maintenance and management of the reclaimed land of this case and its attached facilities (hereinafter “instant management expenses”).
C. Meanwhile, in around 2009, Bocheon-si and Seocheon-gun concluded an agreement with the Korea Rural Community Corporation, the authorized administrator of the reclaimed land of this case, on the division of the reclaimed land of this case, to allow each resident to cultivate the reclaimed land of this case on a temporary basis, and to pay land usage fees to the Korea Rural Community Corporation, and cultivated land around that time.
On May 8, 2012, the Minister for Food, Agriculture, Forestry and Fisheries requested the Defendant to decide the local government to which the reclaimed land of this case belongs.
The local government to which the defendant belongs.