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(영문) 대법원 2015.09.24 2014추620

충청남도 남포지구 부사공구 매립지 귀속 지방자치단체 결정 취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.

Reasons

1. The facts under the circumstances and summary of the decision of this case do not conflict between the parties, or the facts under Gap evidence 1, 3, 4, 9-2, 11-1 through 5, 13-1, 2, and 3 are acknowledged by considering the whole purport of the pleadings.

On January 24, 1985, Chungcheongnam-do, Chungcheongnam-do, the process of implementing the instant project, after obtaining approval from the Minister of Agriculture and Forestry for reclamation of public waters, implemented the project to reclaim public waters of 11,913,69.5 square meters (which was approved as 19,100,000 square meters per second, and later changed as above; hereinafter “instant reclaimed land”) in the area of public waters located between Chungcheongnam-do and Seocheon-do, Chungcheongnam-do, the Ministry of Agriculture and Forestry implemented the project to reclaim public waters of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter “instant project”).

From August 7, 1985 to July 16, 2008, the instant project was implemented. As a result, the instant reclaimed land and its appurtenant facilities were constructed, such as tide embankments. In the process, the instant reclaimed land and its appurtenant facilities were newly constructed, and the topography of artificial irrigation, such as artificial irrigation and irrigation, which connects the lake and reclaimed land to the existing river, e.g., the lake and the e., the lake and the e., the e., the e., the new river.

B. Although the construction on the instant project applied for the determination on the reversion of reclaimed land by the Minister for Food, Agriculture, Forestry and Fisheries was completed in July 2008, the determination on the reversion was delayed due to differences in opinions between Bocheon-gun and Bocheon-gun on the reversion of the instant reclaimed land. On around 2009, Bocheon-si concluded an agreement with each resident on the division of the instant reclaimed land into the Korea Rural Community Corporation, which is the authorized administrator of the reclaimed land in this case, to allow each resident to cultivate the reclaimed land in a lump sum, but to pay the land usage fee to the Korea Rural Community Corporation

After that, on May 8, 2012, the Minister for Food, Agriculture, Forestry and Fisheries has various kinds of inspections on completion of reclaimed land and intellectual registration to the defendant.